Patna High Court
Vinod Yadav @ Vinod Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S., 2023 — s. 103(1), 190, 191(2), 191(3)
- B.N.S.S. — s. 482(2)
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
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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
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