Patna High Court
Sukhram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, given the vague nature of the allegations and the petitioners' clean antecedent, bail should be granted.
Summary
The petitioners, Sukhram Yadav and Rabindra Yadav, were named in an FIR for alleged arson and looting during a protest, charged under multiple sections of the Bhartiya Nyaya Sanhita, 2023. They contended that the allegations were vague, based solely on hearsay from a local watchman, and that they have a clean antecedent. The Additional Public Prosecutor opposed bail, citing the seriousness of the offences. The court observed that the FIR’s allegations were general and omnibus, and that the petitioners’ clean record warranted relief. Accordingly, the court ordered their release on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the general and omnibus nature of the FIR allegations justifies denial of bail
- Whether the petitioners' clean antecedent warrants grant of bail despite serious charges
- Application of Section 438(2) CrPC and Section 482(2) BNSS in granting bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 132, 190, 191(2), 191(3), 303(2), 324(5), 326(f), 326(g), 351(2), 482(2), 61(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- arson
- looting
- general allegations
- clean antecedent
- Section 438 CrPC
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36595 of 2026
Arising Out of PS. Case No.-281 Year-2025 Thana- RAGHOPUR District- Supaul
======================================================
1. Sukhram Yadav, S/o Bachcha Yadav,
2. Rabindra Yadav @ Raben S/o Sita Ram Yadav
Both are R/o Village - Koriyapatti, Ward No. 5, P.O. - Debipur, P.S.-
Raghopur, Dist. - Supaul.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shreekant Pandey, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Raghopur
P.S. Case No.281 of 2025 registered under Sections 191(2),
191(3), 190, 126(2), 115(2), 351(2), 132, 324(5), 326(f),
326(g), 303(2) and 61(2) of the Bhartiya Nyaya Sanhita,
2023 (in short ‘BNS’).
3. Allegation against petitioners is to set ablaze
the house of one Surjit Sada and also looted the mobile and
other house-hold items along with 18 named accused
persons and 20-25 unknown accused persons. The present
Patna High Court CR. MISC. No.36595 of 2026(2) dt.16-06-2026
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occurrence took place while protest made by minorities of
the locality, suspecting that the victim persons were involved
in the occurrence. The informant is the S.H.O. of Raghopur
Police Station.
4. It is submitted by learned counsel appearing for
petitioners that as to ablaze and vandalizing the house of
one Surjit Sada is appearing very very much general and
omnibus against the petitioners. It is pointed out that on the
basis of hearsay input received by local choukidar, both
petitioners were implicated with present crime in question.
Both petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the allegation raised through FIR is
appearing very much general and omnibus in nature against
both petitioners, who are of clean antecedent, coupled with
the fact that their implication also prima facie appears out of
suspicion raised by local choukidar, accordingly, both
petitioners, above-named, are directed to be released on
bail, in the event of their arrest or surrender in the court
Patna High Court CR. MISC. No.36595 of 2026(2) dt.16-06-2026
3/3
below within a period of four weeks, 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 Additional Chief Judicial Magistrate, Birpur, Supaul in
connection with Raghopur P.S. Case No.281 of 2025,
subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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