Patna High Court
Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners on the ground of lack of specific allegations and their clean antecedents.
Summary
Manoj Yadav and Subhash Kumar sought anticipatory bail after the police registered a case alleging they assaulted the aunt of an informant, along with several other offences under the B.N.S. The petitioners argued that the FIR contains only a general, omnibus accusation against them with no specific allegation of an overt act, and that the case is a retaliatory filing stemming from an earlier complaint they lodged. The State and the informant opposed the bail, contending the seriousness of the charges. The court noted the lack of specific allegations, the counter‑case context, and the petitioners' clean antecedents, and therefore granted anticipatory bail. The bail order stipulated a bond of Rs 10,000 with two sureties and was subject to Section 482(2) of the B.N.S., to be executed within eight weeks of arrest.
Issues considered
- Whether anticipatory bail can be granted in the absence of specific allegations against the petitioners
- Whether the general and omnibus nature of the FIR and the petitioners' clean antecedents justify bail under Section 482(2) of the B.N.S.
Legislation cited
- Bihar Negotiable Statutes (B.N.S.) — s. 109, 115, 117(2), 126(2), 133, 190, 191(2), 191(3), 303(2), 351(3), 352, 482(2), 76
Subjects
- anticipatory bail
- general and omnibus accusation
- clean antecedents
- Section 482(2)
- bail bond
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43692 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- BARACHATTI District- Gaya
======================================================
1. Manoj Yadav S/O Girija Yadav @ Girja Nandan Yadav Resident of Village-
Sewai, P.S. Barachatti, District- Gaya.
2. Subhash Kumar @ Subhash Kumar Nirala S/O Girija Yadav @ Girja
Nandan Yadav Resident of Village- Sewai, P.S. Barachatti, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Sanjay Kumar Sharma, Advocate
For the State : Mr. Pranav Kumar, APP
For the Informant : Mr. Awadhesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115, 117(2), 109, 76, 303(2), 133, 352 and
351(3) of the B.N.S..
3. As per prosecution case, on the alleged date and
time of occurrence, all the F.I.R. named accused persons,
including these petitioners, assaulted and tried to outrage the
modesty of aunt of informant. It is further alleged that when
informant and his family members went to rescue her, they were
Patna High Court CR. MISC. No.43692 of 2026(2) dt.08-07-2026
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also brutally assaulted.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of assault is against other co-
accused persons. So far as these petitioners are concerned, there
is general and omnibus nature of allegations and no specific
accusation of overt act has been levelled against them. As a
matter of fact, the present case is counter-blast of Barachatti P.S.
Case No. 99 of 2026 which was lodged by Petitioner No. 2
against informant and others, which is earlier in point of time
and only with a view to save their skin from the aforesaid case,
this false and concocted case has been lodged. Petitioners claim
clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case between the parties and clean antecedents of the
petitioners, the prayer for grant of anticipatory bail to the
petitioners is allowed.
Patna High Court CR. MISC. No.43692 of 2026(2) dt.08-07-2026
3/3
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-II, Sherghati, Gaya in connection with
Barachhatti P.S. Case No. 100 of 2026, subject to condition as
laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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