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Patna High Court

Jay Ram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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