Patna High Court
Anil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and specified conditions.
Summary
Anil Yadav was arrested on 18 July 2025 in connection with FIR dated 15 March 2025 alleging offences under Sections 191(2), 191(3), 190, 103(1), 109 of the B.N.S. and Section 27 of the Arms Act, including indiscriminate firing that resulted in the death of an informant's son. The petitioner contended that the FIR contains only a general, omnibus allegation against him and no specific charge of assault or firing, asserting his innocence despite being named. The prosecution opposed bail, highlighting the petitioner’s prior criminal antecedents and his involvement in the present case. The court examined the lack of specific allegation against the petitioner and, considering his claim of innocence and the principle of bail, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order also stipulated cancellation of the bond if the petitioner fails to appear on two consecutive dates without sufficient cause or conceals his antecedents.
Issues considered
- Whether bail should be granted when the petitioner is named in the FIR but no specific allegation of an overt act is made against him
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
- Whether the court may impose conditions on bail concerning appearance, evidence tampering, and verification of antecedents
Legislation cited
Subjects
- bail
- FIR
- omnibus allegation
- criminal antecedent
- Arms Act
- Section 27
- high court
- Munger
- bond
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82209 of 2025
Arising Out of PS. Case No.-79 Year-2025 Thana- MUNGER MUFFASIL District- Munger
======================================================
Anil Yadav Son of Late Mahendra Yadav R/o Village - Shankarpur, Milki
Tola, P.S. - Muffasil, Dist. - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Bijendra Kumar Singh, learned counsel
for the petitioner and Mr. Ajit Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
18.07.2025 in connection with Muffasil P.S. Case No. 79 of
2025, F.I.R. dated 15.03.2025 for the offences punishable under
Sections 191(2), 191(3), 190, 103(1), 109 of the B.N.S. and
Section 27 of the Arms Act.
3. According to prosecution case, all the FIR named
accused persons including the petitioner came at the door of the
informant and made indiscriminate firing upon which informant
and his family members due to which informant’s son died
during treatment.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.82209 of 2025(3) dt.27-01-2026
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petitioner is innocent and he has falsely been implicated in the
present case. He further submits that although the petitioner is
named in the FIR but from bare perusal of FIR, it appears that
there is no specific allegation of any assault or overt act or firing
is attributed against the petitioner rather there is general and
omnibus allegation against the petitioner. He further submits
that the police after investigation, submitted chargesheet against
the petitioner and the petitioner is in custody since 18.07.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner is named in the FIR and apart from aforesaid,
petitioner carries two criminal antecedents other than the present
one but fairly submits on the basis of paragraph 3 of bail
petition that the petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances
of the case and there is no specific allegation of assault or overt
act or firing attributed against the petitioner rather there is
general and omnibus allegation against the petitioner, let the
petitioner, above named, 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, Munger in connection with Muffasil P.S. Case No.
Patna High Court CR. MISC. No.82209 of 2025(3) dt.27-01-2026
3/3
79 of 2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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