Patna High Court

Ajay Yadav @ Ajay Kumar @ Ajay PrasadversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The court granted pre‑arrest bail, directing release upon bond and sureties, subject to statutory conditions.

Summary

The petitioner, Ajay Yadav, applied for pre‑arrest bail in PS‑Case No. 88 of 2025, which alleged assault, robbery and other offences under Sections 191(2), 126(2), 115(2), 109 and 303(2) of the Bihar Negotiable Securities Act. He contended that he was falsely implicated, that the FIR was vague and omnibus, and that the dispute arose from a land‑related enmity with the informant. The State opposed the bail. The court observed that the allegations were general, the parties had a private dispute, and the petitioner had a clean antecedent, and therefore ordered his release on pre‑arrest bail upon furnishing a Rs 10,000 bond with two sureties, subject to conditions under Section 438(2) CrPC/Section 482(2) BNS. The court also directed the district court to verify any other criminal antecedents, stating that the order would lapse if such antecedents were found. The bail application was disposed of with bail granted.

Issues considered

Whether pre‑arrest bail should be granted when the FIR contains general and omnibus allegations.
Whether the petitioner’s clean antecedent and the private land‑dispute context justify bail.
Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNS are satisfied.

Legislation cited

Bihar Negotiable Securities Act — s. 109, 115(2), 126(2), 191(2), 303(2)
Code of Criminal Procedure, 1973 — s. 438(2), 482(2)

Subjects

pre‑arrest bail
general and omnibus allegations
land dispute
clean antecedent
Section 438 CrPC
Section 482 CrPC
Bihar Negotiable Securities Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66124 of 2025
                   Arising Out of PS. Case No.-88 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Ajay Yadav @ Ajay Kumar @ Ajay Prasad S/o Suresh Yadav R/o Village-
                 Malathi, P.S.- Makhdumpur (Tehta O.P.), Dist.- Jehanabad
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nitya Nand Neeraj, Advocate.
                 For the Opposite Party/s :      Mr. Binod Kumar, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   21-01-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Makhdumpur (O.P. Tehta) P.S. Case No. 88 of 2025

                   registered for the offence punishable under Sections 191(2),

                   126(2), 115(2), 109 and 303(2) of the BNS.

                                3. As per the allegation made in the F.I.R., the accused

                   persons assaulted the informant and his son by means of rod and

                   butt causing injury on their head and also snatched a golden

                   chain worth Rs. 40,000/- and cash of Rs.20,000/-.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   falsely been implicated in the case. The allegation levelled

                   against the petitioner is not specific rather general and omnibus.

                   The parties are own gotiya and there is enmity between them

                   due to land dispute. There is case and counter case between the
          Patna High Court CR. MISC. No.66124 of 2025(4) dt.21-01-2026
                                                      2/2




                    parties. The petitioner has clean antecedent.

                                 5. Learned APP for the State has vehemently opposed

                    the prayer for grant of pre-arrest bail to the petitioner.

                                 6. Considering the nature of allegation made against

                    the petitioner to be general and omnibus and there is case and

                    counter case between the parties, the petitioner, above named, is

                    directed to be released on pre-arrest bail, in the event of his

                    arrest or surrender before the Court below within a period of

                    four weeks from today, on furnishing bail bond of Rs. 10,000/-

                    (Ten thousand) with two sureties of the like amount each to the

                    satisfaction of learned ACJM-I, Jehanabad in connection with

                    Makhdumpur (Tehta O.P.) P.S. Case No. 88 of 2025, subject to

                    the condition as laid down under Section 438(2) Cr.P.C / 482(2)

                    BNSS.

                                 7. The District Court is directed to verify the criminal

                    antecedent of the petitioner and if it is found that the petitioner

                    is involved in some other cases as what has been stated in Para-

                    3 of the bail petition, this order will automatically lose its force.

                                 8. The bail application stands disposed of.


                                                             (Purnendu Singh, J)
mantreshwar/-
U      T

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