Patna High Court
Nageshwar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail is granted as the allegations are general and omnibus and no specific case is made out against the petitioner.
Summary
The petitioners, Nageshwar Yadav and Chandan Yadav, were implicated in FIR No. 210 of 2025 for allegedly assaulting a woman with an axe. The prosecution alleged that four accused, including the petitioners, attacked the victim with intent to kill. The petitioners filed an anticipatory bail application, contending that the allegations against them were vague, general and omnibus, and that no specific charge sheet had been filed. The State opposed the bail. The Court observed that the accusations were indeed non‑specific and, in the interest of justice, granted anticipatory bail subject to standard conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the allegations against the petitioner are general and omnibus without specific charge.
- Whether the court may disregard the police report and take cognizance for granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- general allegations
- omnibus charge
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- Bhartiya Nagarik Suraksha Sanhita
- bail conditions
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6786 of 2026
Arising Out of PS. Case No.-210 Year-2025 Thana- BANKA District- Banka
======================================================
1. Nageshwar Yadav S/o- Late Ishwar Yadav Village- Shashan PS- Banka
District- Banka
2. Chandan Yadav @ Chandan Kumar S/o- Nageshwar Yadav R/v- Shashan Ps-
Banka Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Nandan Prasad
For the Opposite Party/s : Mr.Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Banka P.S. Case No. 210 of 2025, F.I.R dated
10.05.2025 registered for the offences punishable under Sections
126(2), 115(2), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. According to prosecution case, the informant,
Birendra Kumar, alleged that on the night of 07.05.2025 he was
sleeping with his mother. On 08.05.2025 at about 5:30 A.M., he
found his mother injured due to a sharp-edged weapon. She was
taken to the hospital, where on 10.05.2025 at about 1:30 A.M.
she regained consciousness and stated that on 08.05.2025 at
about 1:30 P.M., while she had gone to the garden in front of her
house, four accused persons, namely Lakshman Yadav, Chulhari
Patna High Court CR. MISC. No.6786 of 2026(2) dt.04-02-2026
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Yadav, Nageshwar Yadav and Chandan, assaulted her with an
axe with intent to kill and left her believing her to be dead. The
alleged motive for the occurrence is stated to be old enmity.
4. Learned counsel for the petitioner submits that the
petitioners are innocent and there is no specific allegations
levelled against the petitioner rather the allegations are general
and omnibus in nature and the Police, upon investigation, had
submitted a final form but the Court concerned, after differing
with the Police report, has taken cognizance in the present case.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
there are no specific allegations levelled against the petitioner
rather the allegations are general and omnibus in nature.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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
Patna High Court CR. MISC. No.6786 of 2026(2) dt.04-02-2026
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connection with Banka P.S. Case No. 210 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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