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Patna High Court

Sudhir YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Sudhir Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 115(2), 126(2), 352, 351(2), 109(1) and 3(5) of the B.N.S. The prosecution alleged that on 15 October 2025 the accused, including the petitioner, assaulted an informant and his family with weapons. The petitioner contended he was innocent and that the FIR only made a general, omnibus accusation against him, with the injuries described as simple. The State opposed the bail. Considering the general nature of the accusation and the minor injuries, the court allowed anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted when the accusation against the petitioner is of a general and omnibus nature.
  • Whether the nature and severity of alleged injuries justify denial of anticipatory bail.

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • general accusation
  • omnibus charge
  • assault
  • Section 482
  • bail bond
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5078 of 2026
                       Arising Out of PS. Case No.-169 Year-2025 Thana- Singhaul District- Begusarai
                 ======================================================
                 Sudhir Yadav S/O Late Dwarika Yadav @ Dorik Yadav R/O Village- Sushil
                 Nagar, P.S- Singhaul, Distt.- Begusarai.

                                                                                      ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :         Mr. Sunil Kumar, Advocate
                 For the State            :         Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 115(2),

                   126(2), 352, 351(2), 109(1) and 3(5) of the B.N.S..

                                3. As per prosecution case, on 15.10.2025 at about 8

                   AM, all the F.I.R. named accused persons, including this

                   petitioner, assaulted informant and his family members by

                   means of Khanti, lathi and iron rod.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. From bare perusal of the F.I.R. it is

                   apparent that specific accusation of assault is against other co-
             Patna High Court CR. MISC. No.5078 of 2026(2) dt.19-02-2026
                                                         2/2




                       accused persons. So far as this petitioner is concerned, there is

                       general and omnibus nature of accusation. Moreover, doctor has

                       found the injuries, allegedly caused by the accused persons,

                       simple in nature.

                                     5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation and nature of

                       injuries sustained by the injured, the prayer for grant of

                       anticipatory bail to the petitioner is allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Additional Chief Judicial

                       Magistrate-IV, Begusarai in connection with Singhaul P.S. Case

                       No. 169 of 2025, 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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