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Patna High Court

Vijay Yadav @ Vijay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Vijay Yadav was named in FIR No.596/2024 for alleged assault under several sections of the Bhartiya Nyay Sanhita, 2023. He contended that the incident was a free‑fight and that the charges were a false case arising from a prior enmity, describing the allegations as general and omnibus. The State opposed his anticipatory bail, but the court noted that the co‑accused had already been granted anticipatory bail in a related matter. Observing the vague nature of the accusations and the precedent of bail to co‑accused, the court ordered anticipatory bail for the petitioner, subject to a bond and sureties. The bail was conditioned on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the general and omnibus nature of the assault allegations under the Bhartiya Nyay Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • general and omnibus allegations
  • assault
  • Bhartiya Nyay Sanhita
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27477 of 2025
                       Arising Out of PS. Case No.-596 Year-2024 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Vijay Yadav @ Vijay Kumar Son of Rameshwar Yadav Resident of vill.-
                 Manjhauli,P.S.-Fatehpur,Dist.-Gaya,Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anmol Kumar, Advocate
                 For the Opposite Party/s :       Mr.Suresh Prasad Singh,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   13-01-2026               Heard learned counsel for the petitioner and

                   learned APP for the State.

                             2. The accused-petitioner, named in the

                   F.I.R., is apprehending his arrest in connection with

                   Fatehpur P.S. Case No. 596 of 2024 registered for

                   the offences punishable under Sections 126(2),

                   115(2), 117(2), 109, 303(2), 351(2), 352 & 3(5) of

                   the Bhartiya Nyay Sanhita, 2023 (in short, the

                   ‘B.N.S.’).

                             3. The allegation against the petitioner is to

                   assault the informant and others by using lathi,

                   iron rod causing bodily injury with intention to

                   cause death.

                             4. Learned counsel appearing on behalf of
Patna High Court CR. MISC. No.27477 of 2025(3) dt.13-01-2026
                                            2/3




          the petitioner submitted that the occurrence was

          free-fight in nature. It is submitted that out of

          previous enmity arising out of of Fatehpur P.S. Case

          No. 286/2024, the present false case was lodged

          against the petitioner. It is pointed out that upon

          facial perusal of the FIR, it can be gathered safely

          that allegation qua physical assault is very much

          general        and       omnibus         against      this   petitioner,

          whereas same appears specific to the extent with

          co-accused Sunil Yadav and Pankaj Yadav, where

          Sunil Yadav (co-accused) has already granted

          anticipatory bail by one of the learned coordinate

          Bench        of     this     Court       through      Cr.    Misc.   No.

          22870/2025 dated 01.05.2025.

                   5. Learned A.P.P. for the State duly assisted

          by Ms. Swati Parmar, learned counsel appearing for

          the informant, while opposing the prayer for

          anticipatory bail of the petitioner, could not

          disputed          that     allegation        qua     physical   assault

          against the petitioner as general and omnibus in

          nature as submitted by learned counsel for the

          petitioner.
           Patna High Court CR. MISC. No.27477 of 2025(3) dt.13-01-2026
                                                       3/3




                                  6.     In    view       of     the      aforesaid    factual

                     submissions and by taking note of the fact as

                     allegation qua physical assault is appearing very

                     much general and omnibus against the petitioner,

                     coupled with the fact that other co-accused have

                     already granted anticipatory bail by the learned

                     coordinate Bench of this Court, accordingly, above-

                     named             petitioner,        in      the      event      of   his

                     arrest/surrender within a period of four weeks from

                     this order, is directed to be enlarged on bail on

                     furnishing of bail bond of Rs.10,000/- (ten thousand

                     only) with two sureties of the like amount each to

                     the satisfaction of learned Additional Sessions

                     Judge-XVIII, Gaya/concerned court in connection

                     with Fatehpur P.S. Case No. 596 of 2024, subject to

                     the conditions as laid down under Section 438(2) of

                     the Cr.P.C/Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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