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Patna High Court

Amoli YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, since the specific allegation of using a musket pertained only to co-accused Bilash Yadav and the accusations against the petitioners were general, bail must be granted to the petitioners.

Summary

The petitioners, seven members of the Yadav family, were arrested in connection with FIR No. 483 of 2025 for alleged assault causing head injuries during a land dispute. They were charged under multiple sections of the Bhartiya Nayay Sanhita 2023 and the Arms Act, 1959. The petitioners contended that the incident was a mutual free fight, both parties sustained injuries, and the specific allegation of using a musket applied only to co-accused Bilash Yadav, not to them. The Additional Public Prosecutor opposed bail, but the court observed that the allegations against the petitioners were general and omnibus, whereas a specific charge was directed at Bilash Yadav. Consequently, the court ordered the release of all seven petitioners on bail of Rs.10,000 each with two sureties, subject to Section 482(2) of the BNSS.

Issues considered

  • Whether the general and omnibus nature of the allegations against the petitioners justifies denial of bail
  • Whether Section 482(2) of the Bhartiya Nayay Sanhita 2023 permits bail in the present circumstances
  • Whether the petitioners, being family members implicated in a land dispute, can be considered co-accused for the specific offence of using a musket

Legislation cited

Subjects

  • bail
  • assault
  • land dispute
  • general allegations
  • BNSS
  • Arms Act
  • criminal procedure
  • free fight
  • co-accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28060 of 2026
                       Arising Out of PS. Case No.-483 Year-2025 Thana- RANIGANJ District- Araria
                 ======================================================
           1.     Amoli Yadav Son of Feku Yadav Resident of Village- Bagulaha ward no 03,
                  PS -Raniganj, District -Araria.
           2.    Malanand yadav @ Mallur Yadav Son of Late Kishan yadav Resident of
                 Village- Bagulaha ward no 03, PS -Raniganj, District -Araria.
           3.    Bikosh Kumar @ Bikesh Kumar @ Bikesh yadav Son of Malanand yadav
                 @ Mallur Yadav Resident of Village- Bagulaha ward no 03, PS -Raniganj,
                 District -Araria.
           4.    Rupesh Kumar @ Rupesh yadav son of Malanand yadav @ Mallur yadav
                 Resident of Village- Bagulaha ward no 03, PS -Raniganj, District -Araria.
           5.    Amardeep Kumar @ Amardeep yadav son of Bilash yadav Resident of
                 Village- Bagulaha, ward no 03, PS -Raniganj, District -Araria.
           6.    Ankit Raj Kumar @ pradeep yadav Son of Amoli Yadav Resident of Village-
                 Bagulaha ward no 03, PS -Raniganj, District -Araria.
           7.     Mantu Kumar @ Mantu Yadav @ Mantu Kumar Yadav Son of Ghotam
                  yadav @ Ghotnarayan yadav Resident of Village- Bagulaha ward no 03, PS
                  -Raniganj, District -Araria.
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mritunjay Kumar, Advocate
                 For the Opposite Party/s :        Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel appearing on behalf of the

                   petitioners       and      learned      Additional       Public      Prosecutor

                   appearing on behalf of the State.

                                  2. The accused/petitioners apprehending their

                   arrest in connection with Raniganj P.S. Case No.                         483 of

                   2025 registered for the offences punishable under Sections

                   191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 324(5),
Patna High Court CR. MISC. No.28060 of 2026(2) dt.01-05-2026
                                            2/3




          326(a), 352, 351(2) of Bhartiya Nayay Sanhita 2023 and

          Section 25(1-B)a, 26, 35 of Arms Act, 1959.

                       3.    As per FIR, petitioners alongwith co-accused

          persons assaulted the informant and his brother-in-law

          during the occurrence, causing head injuries. The alleged

          assault was made with intention to cause death, where

          occurrence took place due to land dispute.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that occurrence was free fight in

          nature due to land dispute, where both parties received

          injuries and for said reasons, the petitioners’s side also

          lodged a case on very next date i.e. on 01.01.2026

          regarding same occurrence. It is submitted that the

          allegation of assault as to cause head injury by using musket

          is available against co-accused Bilash Yadav, who is not the

          petitioner for the present, whereas the allegation against

          petitioners are very much general and omnibus in nature and

          they were implicated with present case only being family

          members and out of land dispute. All petitioners are of clean

          antecedents.
              Patna High Court CR. MISC. No.28060 of 2026(2) dt.01-05-2026
                                                          3/3




                                     5. Learned APP opposed the prayer of bail.

                                     6. In view of aforesaid factual submissions and by

                        taking note of fact as allegation qua physical assault is

                        appearing very much general and omnibus against above-

                        named petitioners, rather same is specifically available

                        against co-accused Bilash Yadav, who is not the petitioner

                        for the present, accordingly, all above named seven

                        petitioners, in the event of their arrest or surrender before

                        the learned trial Court, within a period of four weeks of the

                        order, is directed to be released on bail furnishing bail bond

                        of Rs. 10,000/- (Rupees Ten Thousand) each with two

                        sureties of the like amount each to the satisfaction of the

                        learned A.C.J.M.-I, Araria/concerned Court, where the case

                        is pending in connection with Raniganj P.S. Case No. 483 of

                        2025 subject to the conditions as laid down under Section

                        482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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