Patna High Court
Vijay Yadav @ Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
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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