Patna High Court
Mrityunjay Kumar Yadav @ Mrityunjay Kumar @ Mrityunjay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the FIR did not specifically allege assault by the petitioner.
Summary
Mr. Yadav was arrested on 22 Nov 2025 in connection with a case involving alleged assault with lathi and danda and theft of a golden chain, under several sections of the B.N.S. He applied for bail, contending that the FIR contains only a generic, omnibus allegation against all accused and no specific charge against him. The prosecution opposed bail, highlighting five prior criminal cases against the petitioner, though noting he is already on bail in other matters. The court examined the lack of a specific allegation of assault or overt act against the petitioner and considered his criminal antecedents. Finding that the FIR did not specifically implicate him, the court granted bail subject to a Rs 10,000 bond, two sureties, and conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was issued without delay for verification of antecedents.
Issues considered
- Whether bail can be granted when the FIR contains only a general, omnibus allegation against the petitioner without a specific charge of assault.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the court may impose conditions such as verification of criminal antecedents and cancellation of bail upon non‑compliance.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- omnibus allegation
- assault
- theft
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3756 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- BAUNSI District- Banka
======================================================
Mrityunjay Kumar Yadav @ Mrityunjay Kumar @ Mrityunjay Yadav S/o-
Ashok Yadav, S/o- Ravindra Mandal Resident of vill- Madhopur PS-
Bandhuakuraba Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr. Brij Nandan Prasad, learned counsel for the
petitioner and Mr. Dilip Kumar No. 1, learned APP for the State.
2. The petitioner seeks bail, who is in custody since
22.11.2025 in connection with Bounsi P.S. Case No. 237 of
2025, F.I.R. dated 04.11.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 303(2), 3(5) of the B.N.S.
3. According to prosecution case, petitioner and other
accused persons are alleged to have assaulted the son of the
informant with lathi and danda and also snatched golden chain
from him.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Learned counsel further submits that the allegation
Patna High Court CR. MISC. No.3756 of 2026(2) dt.27-01-2026
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as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Although,
the petitioner is named in the FIR but from bare perusal of FIR
it appears that there is no specific allegation of assault or overt
act against the petitioner rather there is general and omnibus
allegation against all the accused persons including this
petitioner and the petitioner is in custody since 22.11.2025.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioner and submits that the petitioner carries
five criminal antecedents other than the present one but fairly
submits on the basis of paragraph 3 of the bail petition that the
petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances
of the case and also the fact that there is no specific allegation of
assault or overt act rather there is general and omnibus
allegation against the petitioner, let the petitioner, above named,
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, Banka in
connection with Bounsi P.S. Case No. 237 of 2025, with the
following conditions:
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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