Created by Fuzzy Cloud

Patna High Court

Vinod Yadav @ Vinod Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the B.N.S.S.

Summary

Vinod Yadav sought anticipatory bail after being named among ten accused in an FIR alleging assault on Rahul Kumar under Sections 191(2), 191(3), 190 and 103(1) of the B.N.S., 2023. He argued that the FIR contains only a vague, omnibus allegation against him and that there are two conflicting versions of the incident, including another FIR he lodged concerning his son’s death caused by Rahul Kumar’s motorcycle. He highlighted that co‑accused Rohit Kumar and Pintu Kumar had previously been granted anticipatory bail in similar cases. The State opposed the bail. Considering the general nature of the allegations and the doubt cast on the prosecution’s case, the Court ordered that the petitioner be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the general and omnibus nature of the allegations under Sections 191(2), 191(3), 190 and 103(1) of the B.N.S., 2023.

Legislation cited

Subjects

  • anticipatory bail
  • general allegation
  • omnibus accusation
  • B.N.S. 2023
  • Section 482(2)
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19458 of 2026
                       Arising Out of PS. Case No.-304 Year-2024 Thana- KAKO District- Jehanabad
                 ======================================================
                 Vinod Yadav @ Vinod Kumar Yadav Son of Bisheshwar Yadav Resident of
                 village- Ghuran Bigha, Police Station- Kako, Disrtict- Jehanabad

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   03-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending his arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   191(3), 190 and 103(1) of the B.N.S., 2023.

                                3. The allegation in the first information report is that

                   one Rahul Kumar was badly injured while being assaulted by a

                   number of accused persons including the present petitioner

                   while he was trying to help a victim of accident and was

                   misunderstood that the accident had been caused by the said

                   Rahul Kumar, a relative of the informant.

                                4. Learned counsel for the petitioner submits that

                   from a bare perusal of the first information report, it would be

                   gathered that an accident had taken place and the assault upon
Patna High Court CR. MISC. No.19458 of 2026(2) dt.03-04-2026
                                            2/3




          Rahul Kumar was on account of such accident and the name of

          the petitioner Vinod Yadav features only in the list of accused

          persons which are ten in number and in addition to some

          unknown persons. The allegations against the petitioner, thus,

          are general and omnibus in nature. It is further submitted that as

          a matter of fact, on the same day, another FIR was lodged by the

          petitioner with regard to his son’s accident by a speeding

          motorcycle who eventually died and the said motorcycle

          actually belonged to Rahul Kumar (Annexure-P/2). It is,

          therefore, submitted that there are two versions of the same

          occurrence and as a matter of fact, it was Rahul Kumar who had

          caused accident of the child of the petitioner and upon his

          attempt to flee away, he collided with a pole due to which he

          succumbed to the injuries received. It is pointed out that

          similarly situated co-accused, Rohit Kumar has already been

          enlarged on anticipatory bail by this Court vide order dated

          26.09.2025 passed in Cr. Misc. No.68688 of 2025 (Annexure-6)

          and Pintu Kumar along with two others have been enlarged on

          anticipatory bail by coordinate Bench of this Court vide order

          dated 09.02.2026 passed in Cr.Misc.No.263 of 2026 (Annexure-7).

                       5. Learned APP for the State opposes the grant of

          anticipatory bail.
            Patna High Court CR. MISC. No.19458 of 2026(2) dt.03-04-2026
                                                        3/3




                                   6.    Taking      into     consideration   the   facts   and

                      circumstances of the case and also considering that there is

                      general and omnibus allegation against the petitioner and further

                      considering that there are two versions of the occurrence

                      throwing doubt on the prosecution case itself, let petitioner,

                      above named, in the event of his arrest or surrender before the

                      learned court below within a period of four weeks from today,

                      be released on bail, on furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned court below where the

                      case is pending/successor court in connection with Kako P.S.

                      Case No.304 of 2024, subject to the conditions as laid down

                      under Section 482(2) of the B.N.S.S.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.