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Patna High Court

Jai Ram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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