Patna High Court
Balkaran Kumar Yadav @ Bijay Kumar @ BalkaranversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding the allegations against him to be vague and noting his clean criminal record.
Summary
The petitioner, Balkaran Kumar Yadav, sought anticipatory bail in connection with FIR No.10 of 2026 alleging offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR describes damage to an informant’s house, assault on the informant’s father, and a separate shooting by co‑accused Rajesh Kumar that resulted in the death of the informant’s wife. The petitioner’s counsel argued that the allegations against him were vague, general and omnibus, with no specific charge and that he has no prior criminal record. The State’s counsel did not dispute the factual matrix but opposed bail. Considering the lack of specific incriminating material against the petitioner and his clean antecedent, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when allegations against the petitioner are non‑specific and general.
- Whether the petitioner’s lack of criminal antecedent warrants bail under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal antecedent
- General allegations
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- bail conditions
- murder
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32183 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- MADHEPURA District- Madhepura
======================================================
Balkaran Kumar Yadav @ Bijay Kumar @ Balkaran Son of Birendra Prasad
Yadav @ Birendra Yadav Resident of Village- Gadhiya, P.S. and District-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 13-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Madhepura P.S. Case No.10 of 2026, F.I.R
dated 04.01.2026 registered for the offences punishable under
Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 31.12.2025 at
about 10:00 P.M., some persons allegedly damaged the fence of
the informant’s house. Thereafter, on 04.01.2026 at about 1:30
P.M., when the informant’s father went to complain about the
incident, the petitioner and other accused persons allegedly
Patna High Court CR. MISC. No.32183 of 2026(3) dt.13-05-2026
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assaulted him with bats, sticks, bricks and other weapons. It is
further alleged that co-accused Rajesh Kumar fired at the
informant’s wife, causing a gunshot injury to her chest, due to
which she later died during treatment at Sadar Hospital,
Madhepura.
4. Learned counsel for the petitioner, by referring to
the allegations made in the F.I.R., submits that the allegation of
having inflicted fire-arm injury and causing death of the
informant’s wife is against Rajesh Kumar while, against this
petitioner, there is nothing specific rather the allegations are
general and omnibus in nature. Lastly, it has been submitted that
the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application and referring to the allegations
made in the F.I.R., does not dispute the factual position.
6. Considering the aforesaid facts and circumstances
that the allegation of causing death of the informant’s wife is
against Rajesh Kumar while, against this petitioner, there is
nothing specific rather the allegations are general and omnibus
in nature and the petitioner has no criminal antecedent.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
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7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate,
Madhepura, in connection with Madhepura P.S. Case No.10 of
2026, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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