Patna High Court
Ram Bodh Yadav @ Ram Bodh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to petitioners Nos. 1, 2, 3, 4, 5 and 7, subject to bail bond and conditions.
Summary
The petitioners, seven members of the Yadav family, applied for anticipatory bail in a case (PS Jaynagar, Case No. 268 of 2019) where they were alleged to have assaulted an informant and his family with lathis, iron rods and to have stolen cash and jewellery, offences punishable under several sections of the Indian Penal Code. One petitioner (No. 6) had already been arrested, and his bail application was withdrawn. The remaining petitioners argued that the allegations were vague, arose from a petty dispute, and that similarly situated co‑accused had already been granted anticipatory bail by a coordinate bench in 2021. The State opposed the bail, contending that the accusations were serious. The court, noting the general and omnibus nature of the accusations and the principle of parity, granted anticipatory bail to petitioners Nos. 1, 2, 3, 4, 5 and 7, subject to a bail bond of Rs.10,000 and two sureties each, under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the alleged offences
- Whether the allegations are sufficiently specific to deny bail
- Whether the principle of parity with co‑accused previously granted bail applies
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 342, 354B, 379, 447, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482 CrPC
- assault
- theft
- parity
- general and omnibus accusation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8090 of 2026
Arising Out of PS. Case No.-268 Year-2019 Thana- JAYNAGAR District- Madhubani
======================================================
1. Ram Bodh Yadav @ Ram Bodh Kumar Yadav S/o- Prayag Yadav @ Ram
Prakash Yadav @ Pragas Yadav Village- Kamalabari, Dhouli Tole, PS-
Jaynagar, District- Madhubani
2. Durgesh Yadav @ Durgesh Kumar S/o- Prayag Yadav @ Ram Prakash
Yadav @ Pragas Yadav Village- Kamalabari, Dhouli Tole, PS- Jaynagar,
District- Madhubani
3. Dinesh Yadav S/o- Sukan Yadav Village- Kamalabari, Dhouli Tole, PS-
Jaynagar, District- Madhubani
4. Vijay Yadav S/o- Amrit Yadav Village- Kamalabari, Dhouli Tole, PS-
Jaynagar, District- Madhubani
5. Shiv Kumar @ Shiv Kumar Yada S/o- Prakash Yadav @ Prayag Yadav
Village- Kamalabari, Dhouli Tole, PS- Jaynagar, District- Madhubani
6. Ram Chandra Yadav S/o- Late Ram Sewak Yadav Village- Kamalabari,
Dhouli Tole, PS- Jaynagar, District- Madhubani
7. Batohi Yadav S/o- Ramashish Yadav Village- Kamalabari, Dhouli Tole, PS-
Jaynagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Jitendra Kumar Bharti, Advocate
For the State : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 31-03-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. At the outset, learned counsel appearing on behalf
of the petitioners seeks permission to withdraw this anticipatory
bail application with regard to Petitioner No. 6, namely Ram
Chandra Yadav, as during pendency of this case, Petitioner No.
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6 has already been arrested and the same has become
infructuous.
3. Permission, as prayed for, is accorded.
4. Accordingly, this anticipatory bail application with
regard to Petitioner No. 6 stands dismissed as withdrawn.
5. Petitioner Nos. 1, 2, 3, 4, 5 and 7 apprehend their
arrest in a case registered for the offence punishable under
Sections 447, 341, 342, 323, 307, 354B, 379, 504 and 34 of the
Indian Penal Code.
6. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
abused and assaulted informant and his family members with
lathi, farsa and iron rod due to which they sustained injuries. It
is further alleged that the accused persons also snatched cash
and gold jewellery from informant and his family members.
7. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, on account of
petty dispute, simple maar-peet took place between the parties
in which both sides sustained injuries. There is case and
counter-case. Allegation of assault is general and omnibus and
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no specific accusation of overt act has been alleged against these
petitioners. Similarly situated co-accused persons have already
been granted the privilege of anticipatory bail by a Co-ordinate
Bench of this Hon’ble Court vide order dated 16.11.2021 passed
in Cr. Misc. No. 40730 of 2020.
8. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners.
9. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and claim based
on parity, the prayer for grant of anticipatory bail to Petitioner
Nos. 1, 2, 3, 4, 5 and 7 is allowed.
10. Accordingly, in the event of arrest/surrender
within a period of eight weeks from today, let the above named
Petitioner Nos. 1, 2, 3, 4, 5 and 7 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, District-
Madhubani in connection with Jainagar P.S. Case No. 268 of
2019, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
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11. With the aforesaid directions, this application
stands disposed of.
(Prabhat Kumar Singh, J)
shashank/-
U T
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