Patna High Court
Dhanraj @ Dhanraj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to the petitioners, holding that the lack of specific allegations against them justified the exercise of its inherent powers under Section 482(2).
Summary
The petitioners, six members of the Yadav family, sought anticipatory bail fearing arrest in a case registered under Sections 191(2), 191(3), 190, 126(2), 109 of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that on 20 July 2025 the accused, including the petitioners, formed a mob armed with deadly weapons and that co‑accused Lalan Yadav fired a rifle, injuring the informant’s brother. The petitioners contended that the FIR specifically implicates only Lalan Yadav for the firearm injury and makes no allegation of any overt act against them, rendering the charge against them merely a generic accusation of mob participation. The State opposed the anticipatory bail, arguing the seriousness of the offences. The Court, after considering the general and omnibus nature of the accusation and the lack of specific allegations against the petitioners, exercised its inherent powers under Section 482(2) of the B.N.S.S. and granted anticipatory bail with a bond of Rs 10,000 and two sureties, subject to conditions. The order directs that if arrested within eight weeks, the petitioners be released on bail on compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains only a generic allegation of mob participation without specific overt acts against the accused.
- Whether the seriousness of the offences under the B.N.S. and the Arms Act precludes the grant of anticipatory bail.
- Whether the court can invoke its inherent powers under Section 482(2) of the B.N.S.S. to discharge the petitioners on bail.
Legislation cited
Subjects
- anticipatory bail
- Section 482 CrPC
- Arms Act
- mob assault
- generic accusation
- B.N.S. offences
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86089 of 2025
Arising Out of PS. Case No.-96 Year-2025 Thana- GHOSWARI District- Patna
======================================================
1. Dhanraj @ Dhanraj Yadav S/o- Late Raghunandan Yadav Resident of
Village-Tarter Nijamat Tola, P.S -Ghoshwari, Patna
2. Arvind Yadav S/o- Late Raghunandan Yadav Resident of Village-Tarter
Nijamat Tola, P.S -Ghoshwari, Patna
3. Mantu Yadav S/o- Rajendra Yadav Resident of Village-Tarter Nijamat Tola,
P.S -Ghoshwari, Patna
4. Manish Yadav @ Manish Kumar S/o- Rajendra Yadav Resident of Village-
Tarter Nijamat Tola, P.S -Ghoshwari, Patna
5. Dinesh Yadav S/o- Rajendra Yadav Resident of Village-Tarter Nijamat Tola,
P.S -Ghoshwari, Patna
6. Randhir Yadav S/o- Ghanshyam Yadav Resident of Village-Tarter Nijamat
Tola, P.S -Ghoshwari, Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Prem Ranjan Kumar, Advocate
For the State : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 126(2) and 109 of the B.N.S. and Section 27 of the
Arms Act.
3. As per prosecution case, it is alleged that on
20.07.2025 at about 6 PM, all the F.I.R. named accused persons,
Patna High Court CR. MISC. No.86089 of 2025(2) dt.07-01-2026
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including these petitioners, armed with deadly weapons,
surrounded the informant and his family members and
thereafter, co-accused Lalan Yadav fired from his rifle which hit
the brother of informant due to which he sustained fire arm
injury.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of causing fire arm injury is
against co-accused Lalan Yadav. So far as these petitioners are
concerned, there is absolutely no allegation of overt act against
them and they are only alleged to be member of the mob.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, the prayer for
grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.86089 of 2025(2) dt.07-01-2026
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amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Barh, Patna in connection with Ghoshwari
P.S. Case No. 96 of 2025, subject to condition as laid down
under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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