Patna High Court
Amit Kumar @ Adhik Yadav @ Amit Yadav @ Amit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the ground that no specific allegation of assault or overt act was made against him.
Summary
The petitioner, Amit Kumar Yadav, was arrested in connection with a case involving alleged assault on an informant's wife and sister‑in‑law and the shooting of the informant's brother by a co‑accused, resulting in death. The FIR contains specific allegations against the co‑accused for the shooting, but only a general, omnibus allegation of assault against the petitioner. The petitioner contended that he was falsely implicated and sought bail, arguing the lack of any specific charge against him. The State opposed bail, noting a pending case against the petitioner but also stating he was on bail in that matter. The Court, noting the absence of a specific allegation of assault or overt act attributable to the petitioner, granted bail subject to monetary surety and conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- What is the appropriate bail decision when the FIR contains only a general, omnibus allegation against the accused without specific attribution of the alleged assault?
Legislation cited
Subjects
- bail
- general allegation
- omnibus charge
- Criminal Procedure Code
- B.N.S. sections
- Arms Act
- assault
- murder
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4076 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- KIUL District- Lakhisarai
======================================================
Amit Kumar @ Adhik Yadav @ Amit Yadav @ Amit Kumar Yadav S/O
Umesh Yadav R/O Village- Lakhochak, P.S- Kiul, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rizwanul Haque, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Rizwanul Haque, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
10.09.2025, in connection with Kiul P.S. Case No. 76 of 2025,
F.I.R. dated 09.09.2025 registered for the offences punishable
under Sections 126(2), 115(2), 117, 109(1), 103(1), 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3. Allegation against the petitioner is that he along
with other F.I.R. named accused persons came and surrounded
the informant’s brother, assaulted brutally and also assaulted the
informant’s wife and his sister-in-law. It is further stated that
one other accused person namely Umesh Yadav took out pistol
and shot informant’s brother in head due to which informant’s
Patna High Court CR. MISC. No.4076 of 2026(2) dt.28-01-2026
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brother died on the way of Hospital.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that although the petitioner is
named in the F.I.R. but from perusal of the F.I.R. it appears that
the F.I.R. is in two parts, in first part, there is specific allegation
against the petitioner and other co-accused persons that they
have assaulted the wife of the informant and in the second part,
there is specific allegation of firing attributed against co-accused
person, namely, Umesh Yadav that he has fired upon the brother
of the informant, namely, Chotu Kumar and he died. Learned
counsel for the petitioner further submits that although wife of
the informant has received four injuries but the injury nos. 1 and
2 are simple in nature and the injury nos. 3 and 4 are grievous in
nature but there is no specific allegation of any assault or overt
act attributed against the petitioner rather there is general and
omnibus allegation against all the accused persons that they
have assaulted to the wife of the informant and the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 10.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
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petitioner and submits that the petitioner carries one more case
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 matter.
6. Considering the facts and circumstances of the case
and the fact that there is no specific allegation of any assault or
overt act attributed against the petitioner 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/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Luckhisarai in connection with Kiul P.S. Case No.
76 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
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verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, 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)
Ibrar//-
U T
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