Patna High Court
Sanjay Yadav @ Bhikhari Yadav @ Sanjay Prasad Yadav @ Bhikhari Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Since the allegations against the petitioners are vague and the specific assault is attributed to co‑accused, the court granted anticipatory bail subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, four Yadavs, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault on an informant and her family. The FIR alleged that the petitioners, along with co‑accused Rahul Kumar and Mukesh Yadav, assaulted the informant, but the petitioners contended that the allegations against them were vague and that the specific assault was attributable only to the co‑accused. They also argued that the case was a retaliatory filing following an earlier case they had initiated. The State opposed the bail on the basis of the FIR allegations. The Court, noting the general and omnibus nature of the accusations and the lack of specific charge against the petitioners, granted anticipatory bail subject to a bail bond, sureties, and conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail is appropriate when the FIR contains general and omnibus allegations against the petitioners.
- Whether the specific allegation of assault against co‑accused precludes granting bail to the petitioners.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS can be imposed in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- general allegations
- co‑accused
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3109 of 2026
Arising Out of PS. Case No.-554 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
1. Sanjay Yadav @ Bhikhari Yadav @ Sanjay Prasad Yadav @ Bhikhari Prasad
Yadav S/o- Late Gauri Shankar Yadav Village- Lakshmi Bigha PS-Rajauli,
Dist- Nawada
2. Shailesh Yadav @ Shailesh Prasad S/o- Late Ram Prasad Yadav Village-
Lakshmi Bigha PS-Rajauli, Dist- Nawada
3. Manoj Yadav @ Manoj Prasad S/o- Late Chando Yadav @ Chando Prasad
Village- Lakshmi Bigha PS-Rajauli, Dist- Nawada
4. Gandhi Yadav @ Gandhi Kumar S/o- Bachho Yadav Village- Lakshmi
Bigha PS-Rajauli, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 352, 351(2), 303(2), 109, 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioners along with other co-accused persons have
assaulted the informant and her family members.
4. Learned counsel for the petitioners submits that
the specific allegation is against co-accused, Rahul Kumar and
Patna High Court CR. MISC. No.3109 of 2026(2) dt.28-01-2026
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Mukesh Yadav and so far as these petitioners are concerned, the
allegations are totally general and omnibus in the nature of
hurling abuses and assaulting the informant. Additionally, it has
been submitted that the present case is counter blast of earlier
Rajauli P.S. Case No.40 of 2024 instituted by the son of the
petitioner no.1 against the informant and her family members.
Learned counsel has submitted that the injury suffered by the
informant’s husband is grievous in nature, however it has been
submitted that the same has not been attributed to these
petitioners .
5. Learned APP for the State opposed the prayer
for anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the general and omnibus nature
of allegations, coupled with the fact that specific allegation of
assault rests on co-accused persons, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, on 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 Court below
Patna High Court CR. MISC. No.3109 of 2026(2) dt.28-01-2026
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where the case is pending/successor Court in connection with
Rajauli P.S. Case No. 554 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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