Patna High Court
Chandan Yadav @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail as the allegations are general and omnibus and the injury is simple, establishing a prima facie case for release.
Summary
Chandan Yadav was arrested in connection with a case alleging assault, robbery and other offences under Sections 341, 323, 307, 379, 504 and 34 of the IPC. The FIR alleged that he, along with others, assaulted an informant for not performing an orchestra, causing only simple injuries. The petitioner claimed innocence, arguing that the allegations were general and omnibus and that the injury was minor. The State opposed bail, but the court observed that the lack of specific allegations and the simple nature of the injury created a prima facie case for release. Consequently, the court directed that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS and verification of any pending criminal antecedents.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the general and omnibus nature of the allegations.
- Whether the simple injury sustained by the informant justifies granting bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504
Subjects
- pre‑arrest bail
- general allegation
- omnibus allegation
- IPC offences
- simple injury
- bail bond
- sureties
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89310 of 2025
Arising Out of PS. Case No.-42 Year-2022 Thana- GARHI District- Jamui
======================================================
Chandan Yadav @ Chandan Kumar, aged about 21 years (Male), Son of
Bahadur Yadav, Resident of village - Ketari Ban, P.S.- Garhi, District - Jamui,
Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Prabhat Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Braj Kishore Pd.,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Garhi P.S. Case No. 42 of 2022, registered for the offence
punishable under Sections 341, 323, 307, 379, 504 and 34 of the
Indian Penal Code.
3. As per the allegation made in the FIR, petitioner
along with other accused persons, had assaulted the informant
causing injury for having not performed the orchestra.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and he has falsely
been implicated in the present case. General and omnibus
Patna High Court CR. MISC. No.89310 of 2025(2) dt.28-01-2026
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allegation has been levelled against the petitioner. Injury
sustained by the informant has been opined by the doctor to be
simple in nature as would appear from the impugned order. In
absence of specific allgation of assault, the petitioner seeks to be
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that general and omnibus
allegation has been levelled against the petitioner. Injury
sustained by the informant has been opined by the doctor to be
simple in nature I am of the opinion that petitioner has, prima
facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Garhi P.S. Case No. 42 of
2022, subject to the condition as laid down under Section 482(2)
of the BNSS.
Patna High Court CR. MISC. No.89310 of 2025(2) dt.28-01-2026
3/3
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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