Created by Fuzzy Cloud

Patna High Court

Indra Kamal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for anticipatory bail, granting it subject to conditions.

Summary

The petitioners, Indra Kamal Yadav and Pradeep Kumar Yadav, sought anticipatory bail fearing arrest in a case where co‑accused Deepak Kumar was alleged to have outraged the modesty of a minor and later threatened the informant’s son with a pistol. The FIR listed several serious offences under the Bihar Negotiable (B.N.S.) statutes, the POCSO Act and the Arms Act, but the petitioners argued that the allegations against them were merely general and omnibus, with no specific act attributed to them. They contended that they were implicated solely because of familial ties to Deepak Kumar and highlighted their clean antecedents. The State and the informant opposed the bail, insisting on the seriousness of the charges. Considering the lack of specific accusations against the petitioners and their clean record, the Court granted anticipatory bail, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the general and omnibus nature of the accusations against them

Legislation cited

Subjects

  • anticipatory bail
  • general and omnibus accusation
  • clean antecedents
  • POCSO Act
  • Arms Act
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8100 of 2026
                    Arising Out of PS. Case No.-455 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
           1.     Indra Kamal Yadav S/O Upendra Yadav R/O Village- Mahinathpur, P.S-
                  Rajnagar, District- Madhubani.
           2.    Pradeep Kumar @ Pradeep Kumar Yadav @ Pradeep Yadav S/O Thakai
                 Yadav R/O Village- Mahinathpur, P.S- Rajnagar, District- Madhubani.

                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    Smt. Paro Devi W/O Vinod Yadav R/O Village- Mahinathpur, P.S- Rajnagar,
                 Distt.- Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Jitendra Kumar Bharti, Advocate
                                                 Ms. Nitu Kumari, Advocate
                 For the State           :       Mr. Mithlesh Kumar Khare, APP
                 For the Informant       :       Mr. Sudhir Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   28-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant/Opposite

                   Party No. 2.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 118(1), 74, 76, 352, 351(2) and 3(5) of the B.N.S.,

                   Sections 8 and 12 of the POCSO Act and Section 25(a) of the

                   Arms Act.

                                3. The prosecution case, in brief, is that on 22.10.2025
Patna High Court CR. MISC. No.8100 of 2026(3) dt.28-04-2026
                                            2/3




          at about 10 AM, co-accused Deepak Kumar tried to outrage the

          modesty of minor daughter of informant while she was alone at

          the field. It is further alleged that thereafter, all the F.I.R. named

          accused persons, including these petitioners, intercepted son of

          informant on the point of pistol, made firing in the air, snatched

          his motorcycle and threatened.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

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

          apparent that specific accusation of outraging the modesty of

          minor daughter of informant is against co-accused Deepak

          Kumar. So far as these petitioners are concerned, there is

          general and omnibus nature of allegations and no specific

          accusation of any overt act has been alleged against them.

          Petitioners have falsely been implicated in this case merely

          because they happen to be relatives of co-accused Deepak

          Kumar. It is further submitted that the victim in her statement

          recorded under Section 180 of the B.N.S.S. has alleged that it

          was co-accused Deepak Kumar who outraged her modesty.

          Petitioners claim clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant/Opposite Party No. 2 have vehemently opposed
             Patna High Court CR. MISC. No.8100 of 2026(3) dt.28-04-2026
                                                         3/3




                       the prayer for grant of anticipatory bail to the petitioners.

                                    6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation and clean

                       antecedents of the petitioners, the prayer for grant of

                       anticipatory bail to the petitioners is allowed.

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

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

                       petitioners 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 Sessions

                       Judge-VI-cum-Special             Judge       (POCSO   Act),   District-

                       Madhubani in connection with Rajnagar P.S. Case No. 455 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.