Patna High Court

Umesh YadavversusThe State of Bihar

Decided: 18 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Bail was granted to the petitioner subject to a bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioner, Umesh Yadav, was named as an accused in a case involving assault and outraging the modesty of a woman, solely on the basis that he is the father of two other accused persons. The FIR alleged that the accused entered the informant's house armed and assaulted him, while the specific acts of assault and outraging modesty were attributed to the two sons, not the petitioner. The petitioner has no criminal record and there is no injury report against him. The State opposed bail, but the Court noted that the allegations against the petitioner are general and omnibus. Consequently, the Court ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Issues considered

Whether the petitioner, accused only on general and omnibus allegations, is entitled to bail under the BNSS and Cr.P.C.
Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) BNSS are sufficient for granting bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 115(2), 126(2), 191(2), 329(4), 351(2), 352, 482(2), 74, 76
Criminal Procedure Code (Cr.P.C.) — s. 438(2)

Subjects

bail
general allegation
omnibus accusation
BNSS
Cr.P.C.
Section 438
Section 482
father of accused

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23377 of 2026
                  Arising Out of PS. Case No.-189 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai
                 ======================================================
                 Umesh Yadav Son of Late Baldeo Yadav Resident of Village- Kharagbara,
                 P.S.- Ramgarh Chowk, District- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Parmanand Pd. Nr. Sahi, Advocate
                 For the Opposite Party/s :       Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   18-04-2026                 Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                   2.      The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 191(2), 115(2),

                   126(2), 329(4), 74, 76, 351(2) and 352 of the B.N.S.

                   3.         All the F.I.R. named accused persons including this

                   petitioner armed with deadly weapons is said to have entered

                   into the house of the informant and threatened to take back the

                   criminal case, which was lodged against one Indal Kumar and

                   upon refusal thereof, the accused persons assaulted the

                   informant with iron rod, sword, lathi and danda etc. Co-

                   accused, Biresh Kumar outraged the modesty of his wife.

                   4.        It is submitted by learned counsel for the petitioner that

                   upon perusal of the First Information Report itself, it would
            Patna High Court CR. MISC. No.23377 of 2026(2) dt.18-04-2026
                                                        2/2




                      appear that the specific allegation of assault and outraging the

                      modesty of the wife of the informant is upon Indal Kumar and

                      Biresh Kumar. The petitioner has been made accused in the

                      present case on general and omnibus allegations that he is the

                      father of the two accused persons. There is no injury report of

                      the informant on record and the petitioner has no criminal

                      antecedent.

                      5.          Learned APP for the State opposed the prayer for bail.

                      6.        Taking into consideration the facts and circumstances of

                      the case and also considering the fact that there is general and

                      omnibus allegation against this petitioner, let the above named

                      petitioner, be released on bail, in the event of his arrest or

                      surrender before the learned Court below within a period of four

                      weeks from today, 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 Ramgarh

                      Chowk P.S. Case No.189 of 2025, subject to the condition as

                      laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)

                      of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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