Patna High Court
Mahesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners, finding the allegations vague and noting the absence of a charge‑sheet.
Summary
The petitioners, Mahesh Yadav and Chhotu Yadav, were named in an FIR dated 01‑09‑2020 for offences under Sections 147, 149, 323, 341, 337, 338, 324, 325, 504, 506 of the Indian Penal Code, relating to an alleged assault on a woman and her family. They filed an anticipatory bail application, contending that the allegations were vague, the police had not filed a charge‑sheet under Section 307 IPC, and that they have no criminal antecedents. The State opposed the bail. The Court observed that the allegations were indeed general and that the police had failed to produce a charge‑sheet, and therefore exercised its jurisdiction under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail with strict conditions. The bail order required a bond of Rs.10,000 with two sureties, appearance before the trial court, non‑interference with witnesses, and abstention from further offences. The petition was disposed of by granting anticipatory bail subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted when the FIR contains general allegations and the police have not filed a charge‑sheet under Section 307 IPC.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 149, 307, 323, 324, 325, 337, 338, 341, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- charge‑sheet
- general allegations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22350 of 2026
Arising Out of PS. Case No.-226 Year-2020 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
1. Mahesh Yadav S/o Late Yogendra Yadav R/o Village - Kotwali Chowk,
Ward No. 42, P.S - Madhubani Town, District - Madhubani
2. Chhotu @ Chandeshwar Yadav @ Chhotu Yadav @ Chandeshwar Kumar
S/o Shri Nagendra Yadav R/o Village - Kotwali Chowk, Ward No. 42, P.S -
Madhubani Town, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Alias Ashok Karn, Advocate
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 06-05-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Madhubani Town P.S. Case No.226 of 2020,
F.I.R dated 01.09.2020 registered for the offences punishable
under Sections 147, 149, 323, 341, 337, 338, 324, 325, 504 506
and 509 of the Indian Penal Code.
3. According to prosecution case, on 31.08.2020 at
about 11:00 P.M., the accused persons, in an intoxicated state,
abused her and, upon protest, assaulted her and her family
members with lathi, danda, and bricks, causing serious injuries.
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Her brother-in-law, Mahesh Bari, became unconscious after
sustaining a grievous head injury, while another family member,
Anil Kumar Bari, suffered injuries including a blade injury on
his neck causing heavy bleeding. The injured persons were
taken by villagers to Sadar Hospital, Madhubani, where they
underwent treatment.
4. Learned counsel for the petitioners submits that the
allegations are general and omnibus in nature and the Police
registered a case under the aforesaid section but upon
investigation, the Police has not submitted the charge-sheet
under Section 307 of the I.P.C. It has further been submitted that
the petitioners are innocent and have no criminal antecedent. It
has further been submitted by referring to charge-sheet, which
have been produced during the course of hearing, has been kept
on record that the Court concerned differing with the same has
taken cognizance without there being any materials.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
the allegations are general and omnibus in nature and the Police
has not submitted the charge-sheet under Section 307 of the
I.P.C. Accordingly, this Court is inclined to grant the privilege of
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anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned C.J.M., Madhubani, in connection with Madhubani
P.S. Case No.226 of 2020 , subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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