Patna High Court
Raj yadav @ Raj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the petitioners have a clean antecedent and no specific allegation of assault against them, subject to prescribed conditions.
Summary
Petitioners Raj Yadav and Guddu Yadav were arrested on 1 September 2025 in connection with FIR No. 388 of 2025 alleging assault on the informant's son with a knife, iron rod and other weapons, punishable under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the BNSS, 2023. The petitioners contended they have a clean antecedent and that the FIR and charge‑sheet contain only a generic, omnibus allegation against all accused, with no specific act attributed to them. The State and the informant opposed bail, emphasizing the victim’s twelve grievous injuries. The court examined the lack of specific allegations against the petitioners, their clean record, and the fact that a charge‑sheet had already been filed, and consequently ordered bail on a bond of Rs.10,000 with two sureties and several conditions, including cooperation with trial and verification of antecedents. The bail order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted when the accused have a clean antecedent and no specific allegation of assault is made against them in the charge‑sheet.
- Whether the seriousness of the victim’s injuries alone justifies denial of bail.
- Whether a general omnibus allegation against all accused suffices to deny bail.
Legislation cited
- BNSS, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5)
Subjects
- bail
- clean antecedent
- omnibus allegation
- charge‑sheet
- grievous injuries
- conditions of bail
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82320 of 2025
Arising Out of PS. Case No.-388 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
1. Raj yadav @ Raj Kumar Yadav son of Late Bikarma Yadav Resident Of
Village - Mohalla Sareya Ward No.-13 P.s- Gopalganj, District - Gopalganj
2. Guddu Yadav @ Guddu Kumar Yadav Son of Late Raghuber Yadav @
Raghuveer Yadav @ Late Harikrishna Yadav Resident Of Village - Mohalla
Sareya Ward No.-13 P.s- Gopalganj, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn
For the State : Mr. Anant Kumar 1, APP
For the Informant : Mr. Najeeb Ahmad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Ashok Kumar @ Ashok Karn, learned
counsel for the petitioners, Mr. Anant Kumar 1, learned
Additional Public Prosecutor for the State and Mr. Najeeb
Ahmad, learned counsel for the informant.
2. The petitioners seek bail, who are in custody since
01.09.2025 in connection with Gopalganj P.S. 388 of 2025,
F.I.R. dated 24.05.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 3(5) of the BNSS, 2023.
3. According to prosecution case, petitioners and other
accused persons are alleged to have assaulted the informant’ son
by knife, katta, iron rod etc. due to which his son became
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injured.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have not committed
any offence as alleged in the FIR. Although, the petitioners are
named in the FIR but there is no specific allegation of any
assault or overt act attributed against these petitioners rather
there is general and omnibus allegation against all the accused
persons including these petitioners that they have assaulted the
son of the informant and the police after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 01.09.2025.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioners and submits that son of the informant had
received twelve injuries which suggest that all the accused
persons have brutally assaulted him and all the injuries are
found to be grievous in nature.
6. Considering the aforesaid facts and circumstances
of the case, also the fact that the petitioners have clean
antecedent and there is no specific allegation of assault or overt
act against the petitioners and chargesheet has been submitted
by the prosecution, let the petitioners, above named, be released
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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 the learned Chief Judicial Magistrate, Gopalganj, in
connection with Gopalganj P.S. Case No. 388 of 2025, with the
following conditions:
i. Petitioners 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 petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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.
ii. If the petitioner tampers with the evidence or the
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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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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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