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Patna High Court

shambhu yadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioners, holding that the general nature of the accusations did not preclude bail.

Summary

The petitioners, six individuals from Shankarpur village, sought anticipatory bail fearing arrest in a case registered under multiple IPC offences including assault, robbery and attempt to murder. The prosecution alleged that the petitioners, along with others, assaulted an informant and his family using lathi and khanti. The petitioners contended they were innocent, stating the incident stemmed from a land dispute and amounted only to a simple fight with injuries on both sides, and that the accusations were vague and lacked specific overt acts. The State opposed the bail, but the High Court noted the general and omnibus nature of the allegations and the existence of a case‑and‑counter‑case. Consequently, the Court granted anticipatory bail, directing each petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail can be granted when the accusations are general and omnibus without specific overt acts.
  • Whether the petitioners are likely to be arrested under the listed IPC sections.
  • Whether the High Court may impose conditions under Section 482(2) of the CrPC while granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • Indian Penal Code
  • Criminal Procedure Code
  • Section 482
  • high court
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19653 of 2026
                    Arising Out of PS. Case No.-4 Year-2023 Thana- SHANKARPUR District- Madhepura
                 ======================================================
           1.     shambhu yadav Son of Late Ramji Yadav Resident Of Village- Shankarpur
                  Khap Tola, Ward No 12, P.s. -Shankarpur, District -Madhepura
           2.    Umendra Yadav @ Umendra yadv Son of Late Ramji Yadav Resident Of
                 Village- Shankarpur Khap Tola, Ward No 12, P.s. -Shankarpur, District
                 -Madhepura
           3.    Rajeev Kumar son of Umendra yadav Resident Of Village- Shankarpur
                 Khap Tola, Ward No 12, P.s. -Shankarpur, District -Madhepura
           4.    Manjesh Kumar son of Bhupendra yadav Resident Of Village- Shankarpur
                 Khap Tola, Ward No 12, P.s. -Shankarpur, District -Madhepura
           5.    Ranju Devi wife of Shambhu Yadav Resident Of Village- Shankarpur Khap
                 Tola, Ward No 12, P.s. -Shankarpur, District -Madhepura
           6.    Pintu Yadav @ Pintu Kumar son of Nago Yadav Resident Of Village-
                 Shankarpur Navtoliya, Ward No 14, P.s. -Shankarpur, District -Madhepura

                                                                                 ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Nafisu Zzoha, Advocate
                 For the State           :       Mr. Mritunjay Kumar Nirala, 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 341, 323,

                   324, 307, 379, 504, 427, 506 and 34 of the Indian Penal Code.

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners,
Patna High Court CR. MISC. No.19653 of 2026(2) dt.07-04-2026
                                            2/3




          assaulted informant and his family members by means of lathi

          and khanti.

                       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, on account of

          land dispute between the parties, a simple maar-peet took place

          in which both sides sustained injuries. There is case and

          counter-case. Allegation of assault is general and omnibus and

          no specific accusation of overt act has been alleged against these

          petitioners.

                       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 case and

          counter-case between the parties, 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 A.C.J.M.-1,
             Patna High Court CR. MISC. No.19653 of 2026(2) dt.07-04-2026
                                                         3/3




                       Madhepura in connection with Shankapur P.S. Case No. 04 of

                       2023, 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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