Patna High Court
Jai Ram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that anticipatory bail must be granted as there is no specific allegation against the petitioner and he has a clean antecedent.
Summary
The petitioner, Jai Ram Yadav, sought anticipatory bail fearing arrest in a case (Chanan P.S. Case No. 78 of 2025) alleging offences under several sections of the Indian Penal Code, including assault and abetment. The prosecution alleged that the petitioner, along with others, assaulted an informant and his brother with a spade and a khanti, causing head injuries. The petitioner’s counsel argued that the allegations were vague, omnibus, and did not specifically implicate him, and highlighted his clean antecedent. The informant could not point to any specific act by the petitioner, and the State, while opposing bail, could not specify any particular charge against him. Considering the lack of specific allegations and the petitioner’s clean record, the court granted anticipatory bail subject to conditions under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted when the charge sheet contains only general and omnibus allegations against the petitioner.
- Whether the petitioner is entitled to bail under Section 482(2) of the CrPC despite pending charges under various IPC sections.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- general allegations
- clean antecedent
- Section 482 CrPC
- Indian Penal Code
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83066 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- CHANAN District- Lakhisarai
======================================================
Jai Ram Yadav S/o Huro Yadav Resident of Village - Maliya, P.S.- Chanan,
District- Lakhisaraai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anand Kumar Ojha, Adv.
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Chanan P.S. Case No. 78 of 2025 dated 26.06.2025
registered for the offence punishable under Section/s 126(2),
115(2), 118(1), 352, 351(2), 109, 3(5) of the B.N.S.
3. As per the prosecution case, the accusation against the
accused persons including the petitioner is of abusing and
assaulting the Informant and his brother by means of spade and
khanti, causing head injury to both brothers.
4. Learned counsel for the petitioner submits that the
allegations are general and omnibus and nothing specific is
alleged against the petitioner. The petitioner is a person of clean
antecedent.
Patna High Court CR. MISC. No.83066 of 2025(3) dt.11-02-2026
2/3
5. On the other hand, counsel for the Informant, who has
appeared suo motu, submits that there are two injured persons
out of whom, one has sustained two grievous injuries while the
injuries sustained by the another person is simple in nature. The
submissions of allegation being general and omnibus has not
been disputed by the Informant but, on being confronted with
the Informant that any witness who has supported the allegation
by specifying his individual conduct with regard to injury
sustained by the victim, who is said to have sustained grievous
injury, the Informant has not been able to point out the same
despite the case diary being being made available to him.
6. Learned APP for the State opposes the prayer for grant
of anticipatory bail but, is not in a position to specify anything
specific against the petitioner.
7. Having heard learned counsel for the parties and taking
into account the fact that there is nothing specific against the
petitioner as also the petitioner having no criminal antecedent,
let the petitioner, above named, be released on anticipatory bail
in the event of his arrest or surrender before the court below
within a period of four weeks from today on furnishing bail
bond of Rs. 10,000/- (rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.83066 of 2025(3) dt.11-02-2026
3/3
Chief Judicial Magistrate 1st Lakhisarai in connection with
Chanan P.S. Case No. 78 of 2025, subject to the condition as
laid down under Section 482(2) of the B.N.S.S. as well as the
following conditions:
(i) One of the bailors should be the family
member/relative of the petitioner, who shall provide official
document to show his/her bona fide;
(ii) the petitioner 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 bail
bond by the Trial Court itself;
(iii) the petitioner 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 shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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