Patna High Court
Amresh Kumar @ Karu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Amresh Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 127(1), 115(2), 76, 303(2), 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that he and his brothers outraged the modesty of an informant and stole cash and gold. The petitioner contended that the dispute stemmed from a land conflict, resulting in a mutual fight with injuries, and that the allegations were vague, general and omnibus with no specific overt act. The State opposed the grant of anticipatory bail. The Court, noting the general nature of the accusations and the existence of a case‑and‑counter‑case, allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted when the accusations are general, omnibus and arise from a case‑and‑counter‑case scenario
Legislation cited
- B.N.S. — s. 115(2), 127(1), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- general and omnibus accusation
- land dispute
- criminal procedure
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87027 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- CHAKAND District- Gaya
======================================================
Amresh Kumar @ Karu Yadav Son of Devan Yadav @ Dev Narayan Yadav
Resident of Village - Naugadh, P.S.- Chakand, District - Gaya (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Sharma, Advocate
For the State : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 28-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 127(1),
115(2), 76, 303(2), 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, along with two of his brothers, outraged the modesty
of the informant and snatched cash and gold.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, both parties are
Gotiya and due to land dispute, a simple maar-peet took place in
which both sides sustained injuries. There is case and counter-
case. Allegation of assault is general and omnibus and no
Patna High Court CR. MISC. No.87027 of 2025(3) dt.28-01-2026
2/2
specific accusation of overt act has been alleged against this
petitioner. Rest of the allegations are ornamental in order to
make the case grave.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and case and
counter-case between the parties, the prayer for grant of
anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 learned Additional Chief Judicial
Magistrate-V, Gaya in connection with Chakand P.S. Case No.
40 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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