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Patna High Court

Sanjay Yadav @ Bhikhari Yadav @ Sanjay Prasad Yadav @ Bhikhari Prasad YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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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