Patna High Court
Amoli YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act, 1959 — s. 25(1-B)a, 26, 35
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 324(5), 326(a), 351(2), 352
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
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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
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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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