Patna High Court
Jay Ram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioner Jay Ram Yadav was implicated in a FIR alleging multiple offences under the Indian Penal Code, including assault and arson, stemming from a dispute on 7 July 2022. He contended that the allegations against him were general and omnibus, with specific accusations directed at other co‑accused, and he highlighted his clean antecedent. The petitioner also pointed to a prior order granting anticipatory bail to similarly situated co‑accused in a related case. The Court examined the nature of the allegations, the petitioner’s clean record, and the precedent of earlier bail orders. Finding no specific case against him and considering the precedent, the Court allowed anticipatory bail subject to a bail bond and sureties. The order also stipulated surrender within eight weeks and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the allegations against the petitioner are general and omnibus.
- Whether the petitioner’s clean antecedent and prior bail orders to co‑accused justify granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- general allegation
- clean antecedent
- Indian Penal Code
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84976 of 2025
Arising Out of PS. Case No.-122 Year-2022 Thana- KOPA District- Saran
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Jay Ram Yadav S/O Late Nathuni Yadav R/O Village- Samhauta Mathiy, P.S-
Kopa, Distt.- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Ambuj, Advocate
For the Opposite Party/s : Ms. Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 147, 148, 149, 341, 323,
324, 307, 436 of the Indian Penal Code.
3. As per prosecution case, due to old enmity, on
07.07.2022 at about 2:00 PM, all the 17 F.I.R. named accused
persons including this petitioner assaulted the children of the
house of the informant who were returning after attending
classes. When the informant and his family members went to the
house of the accused persons to complain about the matter, all
the accused persons assaulted them with various weapons. It is
further alleged that the accused persons set the house of
informant on fire.
4. Learned counsel for the petitioner submits that due
Patna High Court CR. MISC. No.84976 of 2025(2) dt.09-02-2026
2/2
to quarrel between the children of both the parties, a free fight
took place in which both sides inflicted injuries on each other.
Specific accusation of assault is against co-accused Sujit Yadav,
Ranveer Yadav and Rameshwar Yadav. So far this petitioner is
concerned, allegation against him is general and omnibus. Case
and counter case. It is further submitted that similarly situated
co-accused persons have already been granted anticipatory bail
by this Court vide order dated 30.08.2023 passed in Cr. Misc.
No. 56361 of 2023. Petitioner claims clean antecedent.
5. Considering the general and omnibus allegation and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Saran at Chapra in connection with Kopa P. S. Case No. 122 of
2022, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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