Patna High Court
Pappu YadavversusThe state of bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court granted bail to the petitioner, subject to a bond and conditions, as the FIR did not contain a specific allegation against him.
Summary
Pappu Yadav sought anticipatory bail in connection with a case (PS No. 420 of 2025) alleging his participation in a mob that set fire to NHAI property and assaulted police officers. The prosecution alleged offences under numerous sections of the B.N.S and Section 8(B) of the National Highway Act, based largely on identification by a local watchman. The petitioner argued that the FIR contained only a generic, omnibus allegation against a large group of 250 persons and no specific charge against him, and cited that co‑accused had already been granted anticipatory bail. The State opposed the bail. The Court observed that the FIR named 250 unknown persons and that there was no specific allegation against the petitioner, and therefore ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S, including verification of his criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail when the FIR contains only a generic, omnibus allegation against a large group and no specific charge against him.
- Whether the presence of a prior criminal antecedent, currently on bail, precludes granting bail in the present case.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 121(1), 121(2), 126(2), 132, 190, 191(2), 191(3), 285, 324(4), 326(1), 326(b), 333, 351(2), 352
- National Highway Act — s. 8(B)
Subjects
- bail
- anticipatory bail
- omnibus FIR
- mob violence
- National Highway Act
- Section 482
- criminal antecedent
- identification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24675 of 2026
Arising Out of PS. Case No.-420 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Pappu Yadav S/O Nandu Yadav Resident of village - Rajapur Mathiya,P.S-
Kotwa, Dist- East Champaran
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
: Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
: Mr. Nishant Kamal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner, the
learned counsel for the informant and the learned A.P.P for the
State.
2. The petitioner apprehends his arrest in connection
with Kotwa P.S. Case No. 420 of 2025, for allegedly having
committed offences under Sections 191(2), 191(3), 190, 126(2),
115(2), 117(2), 109(1), 132, 121(1) 121 (2), 285, 326(b), 333,
324 (4), 326(1), 351(2), 352 of the BNS and Section 8 (B) of
National Highway Act.
3. As per the prosecution story, it was alleged that the
petitioners along with 250 others indulged in arsoning of NHAI
and blocked the road, due to death of five persons. It was
alleged that when police personnel and administration reached
Patna High Court CR. MISC. No.24675 of 2026(2) dt.16-04-2026
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there, the mob started pelting stone and bricks, due to which
some police personnel received injuries. The petitioner was
identified by local chaukidar.
4. Learned counsel for the petitioner submits that the
petitioner has got no connection with the occurrence in question
and the FIR has been lodged against 43 named accused persons
on the basis of identification of chaukidar. There is general and
omnibus allegation against the petitioner and there is no
specific allegation against any of the persons named in the FIR.
He further submits that similarly situated other co-accused
persons, namely, Satyendra Yadav @ Satyendra Kumar, Narad
Mahto and Nitish Mahato @ Nitish Kumar have already been
granted the privilege of anticipatory bail by this Court vide
order dated 08.04.2026 passed in Cr. Misc. No. 20518 of 2026.
The petitioners has got one criminal antecedent in which, he is
on bail.
5. The learned A.P.P for the State opposes the prayer
for bail.
6. Having considered the rival submissions and after
going through the records, it appears that the FIR has been
lodged against 250 named unknown persons. The petitioner is
only the member of mob and no specific allegation has been
Patna High Court CR. MISC. No.24675 of 2026(2) dt.16-04-2026
3/3
levelled against the petitioner, let the petitioner, above named,
in the event of their arrest or surrender within a period of six
weeks, be released on bail on furnishing a bail bond of Rs.
10,000/- ( Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, 1stclass East Champaran, Motihari in connection
with Kotwa P.S.Case No. 420 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S with a further
condition that:-
The learned concerned court shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
the above -mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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