Patna High Court
Sikandra Yadav @ Sikandra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that in view of the petitioners’ clean antecedent and the absence of any specific allegation of an overt act, anticipatory bail could be granted subject to the conditions imposed under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioners, seven Yadav individuals, sought anticipatory bail fearing arrest in connection with FIR dated 31‑07‑2025 alleging offences under multiple sections of the B.N.S. for assaulting an informant with lathi, garasa and sword. The prosecution alleged that the informant and his family sustained injuries, while the petitioners contended they have a clean antecedent and were falsely implicated due to a land dispute, asserting that the FIR contains only vague, omnibus allegations and no specific overt act. The State opposed the bail, arguing the seriousness of the offences. The Court examined the lack of concrete allegations against the petitioners and their clean criminal record, concluding that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail subject to a Rs 10,000 bond per petitioner, two sureties, and conditions under Section 438(2) CrPC and Section 482(2) BNSS, including cooperation with the trial and non‑tampering with evidence. The bail order emphasized that any concealment of antecedent or violation of conditions would lead to cancellation.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains only general, omnibus allegations and no specific overt act is ascribed to the petitioners.
- Whether the petitioners’ clean antecedent and the absence of concrete evidence justify the grant of bail under Section 438(2) of the Code of Criminal Procedure.
Legislation cited
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- clean antecedent
- general allegations
- Section 438 CrPC
- Section 482 BNSS
- land dispute
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88323 of 2025
Arising Out of PS. Case No.-148 Year-2025 Thana- MALI District- Aurangabad
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1. Sikandra Yadav @ Sikandra Kumar S/O Ram Awatar Yadav @ Ram watar
Yadav R/O Village- Parmeshari, P.S- Mali, Distt.- Aurangabad (Bihar).
2. Kamlesh Yadav @ Kamlesh Kumar S/O Kewal Yadav R/O Village-
Parmeshari, P.S- Mali, Distt.- Aurangabad (Bihar).
3. Rakesh Kumar S/O Late Lakhan Yadav R/O Village- Parmeshari, P.S.- Mali,
District- Aurangabad (Bihar).
4. Mukesh Yadav S/O Late Lakhan Yadav R/O Village- Parmeshari, P.S- Mali,
Distt.- Aurangabad (Bihar).
5. Jitendra Yadav S/O Ram Awatar Yadav @ Ram watar Yadav R/O Village-
Parmeshari, P.S- Mali, Distt.- Aurangabad (Bihar).
6. Lallu Yadav S/O Naresh Yadav R/O Village- Parmeshari, P.S- Mali, Distt.-
Aurangabad (Bihar).
7. Kalendra Yadav S/O Ram Awatar Yadav @ Ram watar Yadav R/O Village-
Parmeshari, P.S- Mali, Distt.- Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Rakesh Kumar, learned counsel for the
petitioners and Mr. Tarun Prasad Mandal, learned APP for the
State.
2. The petitioners are apprehending their arrest in
connection with Mali P.S. Case No. 148 of 2025, F.I.R. dated
31.07.2025 registered for the offences punishable under
Sections 109, 127(1), 127(2), 191(2), 191(3), 190, 115(2),
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118(1), 118(2), 352, 351(2), 351(3), 3(5) of the B.N.S.
3. As per prosecution case, petitioners and other co-
accused persons are alleged to have assaulted the informant and
others with lathi, garasa, sword due to which the informant and
his family members got injuries on hand and head.
4. Learned counsel for the petitioners submit that the
petitioners have clean antecedent and they have been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. Petitioners and informant are agnates and due to admitted
land dispute, the present occurrence has taken place. There is no
specific allegation of overt act against the petitioners rather the
allegation are general and omnibus.
5. Learned counsel for the informant and learned APP
for the State have vehemently opposed the prayer for grant of
anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedent and
there is no specific allegation of overt act against the petitioners
rather the allegation are general and omnibus, in the event of
their arrest or surrender before the court below within a period
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of thirty days from the date of 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 Chief Judicial Magistrate, Aurangabad in
connection with Mali P.S. Case No. 148 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioners tampers 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 antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
Patna High Court CR. MISC. No.88323 of 2025(2) dt.09-01-2026
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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