Patna High Court
Ramchandra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In the absence of specific allegations against the petitioners, anticipatory bail was granted subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioners, four Yadav brothers, sought anticipatory bail in connection with FIR No.311 of 2025 alleging assault with a sharp weapon and theft of a gold chain, filed under several sections of the Bharatiya Nyaya Sanhita, 2023. They contended that the FIR contains only a generic, omnibus allegation and no specific act is ascribed to them individually. The State opposed bail, arguing their involvement in the crime and prior cases against some petitioners. The Court observed the lack of specific allegations against the petitioners and, applying Section 438(2) of the CrPC and Section 482(2) of the BNSS, granted anticipatory bail with a bond of Rs.10,000 and several conditions, including cooperation with the trial and non‑tampering with evidence. The order directed that bail bonds be accepted without delay and that the lower court verify criminal antecedents. The bail is subject to cancellation if conditions are breached.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains only a general allegation and no specific act is attributed to the accused.
- Whether the petitioners pose a risk of tampering with evidence or fleeing, justifying denial of bail.
- Applicability of Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- general allegation
- bail conditions
- section 438
- section 482
- assault
- FIR
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87343 of 2025
Arising Out of PS. Case No.-311 Year-2025 Thana- RANIYATALAB District- Patna
======================================================
1. Ramchandra Yadav S/O Late Balmit Yadav R/O Village- Dhanraj Chapra,
P.S- Rani Talab, Distt.- Patna.
2. Lallan Yadav @ Prasad S/O Late Balmit Yadav R/O Village- Dhanraj
Chapra, P.S- Rani Talab, Distt.- Patna.
3. Aksheylal Yadav S/O Late Balmit Yadav R/O Village- Dhanraj Chapra, P.S-
Rani Talab, Distt.- Patna.
4. Dinesh Yadav @ Dinesh Kumar S/O Lallan Yadav R/O Village- Dhanraj
Chapra, P.S- Rani Talab, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlesh Prasad Yadav, Advocate
For the State : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Kamlesh Prasad Yadav, learned counsel
for the petitioners and Mr. Madhura Nand Jha, learned APP for
the State.
2. The petitioners are apprehending their arrest in
connection with Rani Talab P.S. Case No. 311 of 2025, F.I.R.
dated 07.08.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 303(2), 3(5) of Bharatiya
Nyaya Sanhita, 2023.
3. Allegation against the petitioners is that they have
assaulted the informant with sharp edge weapon. Accused
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Ramchandra Yadav snatched gold chain from the neck of the
informant during altercation.
4. Learned counsel for the petitioners submits that the
petitioner no. 3 having clean antecedents and petitioners nos. 1,2
and 4 carry one more case other than the present one and they
have been falsely implicated in the present case. Although, the
petitioners are named in the F.I.R. but from perusal of the F.I.R.
it appears that there is no specific allegation of any assault or
overt act attributed against these petitioners rather there is
general and omnibus allegation against all the accused persons
including these petitioners.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioners and submits that the
petitioners are involved in the present crime in question and
apart from aforesaid petitioner nos. 1, 2 and 4 carry one case
other than the present one and petitioner no. 3 having clean
antecedent.
6. Considering the facts and circumstances of the case
and the fact that there is no specific allegation of any assault or
overt act attributed against these petitioners, let the petitioners,
above named, in the event of their arrest or surrender before the
court below within a period of thirty days from the date of
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receipt of the order, be released on bail on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Classs, Danapur, Patna in connection with Rani
Talab P.S. Case No. 311 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure/ Section 482(2) of BNSS, 2023 and with other
following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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