Patna High Court
Jichho YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to all petitioners subject to a bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, three brothers named Jichho, Shravan and Dheeraj Yadav, were implicated in FIR No. 466 of 2025 for offences including assault, extortion of Rs.50,000 and theft of Rs.3,000, alleged to have occurred during a confrontation over the informant's illegal liquor shop. The petitioners argued that the informant's shop was illegal, that the alleged injuries were minor and the FIR was lodged after an unexplained five‑day delay, and they asserted a clean antecedent. The State opposed the bail application. The Court observed that the allegations of physical assault were general and omnibus, and noted the petitioners' clean antecedent, directing that they be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the petitioners are entitled to bail despite the serious charges listed in the FIR.
- Whether the general and omnibus nature of the FIR allegations justifies denial of bail.
- Whether the petitioners' clean antecedent warrants the grant of bail.
Legislation cited
- Bihar Penal Code (BNS) — s. 115(2), 117(2), 126(2), 190, 191(2), 303(2), 308(2), 351(2), 352
Subjects
- bail
- criminal procedure
- omnibus FIR
- clean antecedent
- assault
- extortion
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28179 of 2026
Arising Out of PS. Case No.-466 Year-2025 Thana- SABAUR District- Bhagalpur
======================================================
1. Jichho Yadav S/O Ganesh Yadav R/O Village- Alinagar, P.S- Sabour, Distt.-
Bhagalpur.
2. Shravan Yadav @ Shravan Kumar Yadav S/O Ganesh Yadav R/O Village-
Alinagar, P.S- Sabour, Distt.- Bhagalpur.
3. Dheeraj Yadav S/O Ganesh Yadav R/O Village- Alinagar, P.S- Sabour,
Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh
For the Opposite Party/s : Mr. Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-05-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Sabour P.S.
Case No. 466 of 2025 registered for the offences
punishable under Sections 126(2), 190, 191(2), 117(2),
115(2), 308(2), 303(2), 351(2), 352 of BNS.
3. As per FIR petitioners alleged to assault
informant and others during the course of occurrence
and cause bodily injuries. The allegation of demanding
extortion of Rs. 50,000/- is also available through FIR
Patna High Court CR. MISC. No.28179 of 2026(2) dt.01-05-2026
2/3
during occurrence petitioners also alleged to stolen Rs.
3,000/- from the box kept inside the shop.
4. It is submitted by learned counsel appearing
on behalf of the petitioners that informant is running
liquor shop in illegal manner and when it was objected
by petitioners, the present occurrence took place. It is
submitted that the husband of the informant received
only single injury on his nose which also not appears
convincing in the background of allegation that he was
assaulted physically by five persons including these
petitioners. It is also submitted that the only single
injury was found on the nose which was opined as
grievous and moreover the present FIR was lodged with
an unexplained delay of five days. While concluding
arguments, it is submitted that petitioners claimed clean
antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as the allegation qua physical
Patna High Court CR. MISC. No.28179 of 2026(2) dt.01-05-2026
3/3
assault against petitioners are appearing very general
and omnibus in nature, who are of clean antecedent,
accordingly all above-named petitioners, in the event of
their arrest or surrender before the court below within a
period of four weeks, are 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 CJM, Bhagalpur
/concerned Court, where the case is pending in
connection with Sabour P.S. Case No. 466 of 2025,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…