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Patna High Court

Balkaran Kumar Yadav @ Bijay Kumar @ BalkaranversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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.
Patna High Court CR. MISC. No.32183 of 2026(3) dt.13-05-2026
                                            3/4




                       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;
           Patna High Court CR. MISC. No.32183 of 2026(3) dt.13-05-2026
                                                       4/4




                                  (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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