Patna High Court
Ajay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners subject to stipulated conditions.
Summary
The petitioners, three women from Kakarkund, sought anticipatory bail fearing arrest in a case (Gopalganj PS Case No. 699 of 2025) involving multiple offences under the Bharatiya Nagarik Suraksha Sanhita. They contended that the FIR contained only a vague, omnibus allegation that they were part of a mob, with no specific charge against them, and asserted their innocence. The State opposed the bail, but the court observed that the allegations were non‑specific and that two of the petitioners had no criminal antecedent while the third was already on bail. Consequently, the court exercised its power under Section 438 of the CrPC and Section 482(2) of the BNS to grant anticipatory bail, imposing a bail bond of Rs 10,000 with two sureties and conditions of cooperation and verification of criminal antecedents. The order directed that any concealment of antecedents would lead to cancellation of the bail bond.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains only general, omnibus allegations against the accused.
- Whether the absence of specific charges against the petitioners justifies the grant of anticipatory bail.
- Whether the court may impose conditions of cooperation and verification of criminal antecedents under Section 438 CrPC and Section 482(2) BNS.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 191(2), 3(5), 351(2), 352, 482(2), 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- bail bond
- general allegation
- mob
- criminal antecedent
- verification
- Bharatiya Nagarik Suraksha Sanhita
- CrPC
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23611 of 2026
Arising Out of PS. Case No.-699 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
1. Ramita Kumari W/o Raj Kumar Ram R/o Village - Kakarkund, P.S. -
Gopalganj, Town, District - Gopalganj.
2. Sona Devi W/o Nandlal Ram R/o Village - Kakarkund, P.S. - Gopalganj,
Town, District - Gopalganj.
3. Seema Kumari W/o Amit Kumar Ram R/o Village - Kakarkund, P.S. -
Gopalganj, Town, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Prasad
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 191(2),
126(2), 115(2), 74, 118(1), 117(2), 352, 109, 351(2) and 3(5) of
the BNS in connection with Gopalganj P.S.Case No. 699 of
2025.
3. Learned counsel for the petitioners submits that the
petitioners being ladies are innocent and the entire allegation is
false and concocted. There is general and omnibus allegation
against the accused persons.
Patna High Court CR. MISC. No.23611 of 2026(2) dt.16-04-2026
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4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. From the allegation levelled against the petitioners,
it transpires that there is no specific allegation against these
three ladies petitioners/accused. They are simply stated to be
members of the mob, and the FIR contains general and omnibus
allegation against all the accused persons. The petitioner nos. 1
and 3 have no criminal antecedent. The petitioner no.2 bears
one criminal antecedent, in which it is stated by the learned
counsel for the petitioners that the petitioner no.2 is on bail.
Under these circumstances, I am inclined to grant privilege of
anticipatory bail to the petitioners.
6. Let the petitioners, as named above, in the event
of their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) each, with two sureties of the like amount each
to the satisfaction learned CJM, Gopalganj in connection with
Gopalganj Town P.S.Case No. 699 of 2025, subject to the
conditions laid down under section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and subject to further condition that :-
(i) the petitioners shall co-operate in the investigation/
Patna High Court CR. MISC. No.23611 of 2026(2) dt.16-04-2026
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trial.
(ii) the learned court would, however, verify the
criminal antecedent of the petitioners and in case it is found that
the petitioners have concealed their criminal antecedents, the
court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
HR/-
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