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Patna High Court

Ajay Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                       3/3




                     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/-

U      T


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