Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to the petitioners subject to a bail bond and sureties under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Usha Devi and Sharvan Kumar Yadav, applied for anticipatory bail in a criminal case (PS case No.239/2025) where they were alleged to have participated in stone‑pelting that caused injuries, charged under sections 126(2), 115(2), 109, 303(2) and 3(5) of the B.N.S. The prosecution claimed they, along with another accused, assaulted the informant when his brother intervened. The petitioners argued they were innocent, the allegation was vague and omnibus, and they had clean antecedents, describing the incident as a minor neighbour dispute. The State opposed the bail. Considering the general nature of the accusation and the petitioners’ clean record, the court exercised its inherent powers under Section 482(2) of the B.N.S.S. and granted anticipatory bail, directing a bail bond of Rs 10,000 with two sureties each if arrested within eight weeks, subject to the conditions laid down.
Issues considered
- Whether anticipatory bail can be granted when the accusation is general and omnibus in nature
- Whether the petitioners' clean antecedents justify the grant of anticipatory bail
- Whether the court can exercise its inherent powers under Section 482(2) of the B.N.S.S. to enlarge bail
Legislation cited
Subjects
- anticipatory bail
- general and omnibus accusation
- clean antecedents
- Section 482(2)
- bail bond
- stone pelting
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19632 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
1. Usha Devi W/O Sharvan Kumar Yadav @ Sharvan Yadav Resident Of
Village- Dan Nagar Ward No.- 13, P.s.- Khagaria, Dist.- Khagaria
2. Sharvan Kumar Yadav @ Sharvan Yadav S/o Jagdish Yadav Resident Of
Village- Dan Nagar Ward No.- 13, P.s.- Khagaria, Dist.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Jai Kishor Poddar, Advocate
For the State : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109, 303(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on
10.08.2025 at about 12:30 PM, when the informant was
returning home, in the meantime, other F.I.R. named accused
persons abused and assaulted him. It is further alleged that when
brother of informant, namely Pandav Yadav, came to rescue
him, in the meantime, these petitioner, along with co-accused
Kailash Yadav, started pelting stones on him due to which he
Patna High Court CR. MISC. No.19632 of 2026(2) dt.07-04-2026
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sustained multiple injuries.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
close door neighbours and due to petty dispute, a simple
altercation took place between the parties. Allegation of assault
is general and omnibus and no specific accusation of overt act
has been alleged against these petitioners. Petitioners claim
clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Khagaria in connection with Khagaria P.S. Case No. 239
Patna High Court CR. MISC. No.19632 of 2026(2) dt.07-04-2026
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of 2025, subject to condition as laid down under Section 482(2)
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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