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Patna High Court

Nageshwar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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