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Patna High Court

Ramchandra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.87343 of 2025(2) dt.09-01-2026
                                            2/4




          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
Patna High Court CR. MISC. No.87343 of 2025(2) dt.09-01-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.87343 of 2025(2) dt.09-01-2026
                                                           4/4




                         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//-

U          T


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