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Patna High Court

Bijay Yadav @ Vijay KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted anticipatory bail to petitioners Nos.1,3,4 and 5 subject to prescribed conditions.

Summary

The petitioners, five Yadavs from Barahkurba village, applied for anticipatory bail in connection with FIR No.103 of 2024 alleging offences under multiple IPC sections and Section 27 of the Arms Act. The incident involved an armed assault on an informant's house on 5 April 2024, with specific allegations of assault by the butt of a rifle against the informant's father, which pertained to petitioner No.2 whose bail application was withdrawn. The remaining petitioners (Nos.1,3,4,5) faced only general, omnibus allegations and had either clean antecedents or prior bailable offences. The State opposed bail, but the court noted the lack of corroboration of injuries and the specificity of the overt act against the withdrawn petitioner. Consequently, the court granted anticipatory bail to petitioners 1, 3, 4 and 5, subject to a bond of Rs.10,000 with two sureties and several conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to petitioners Nos.1,3,4 and 5 in view of the general nature of allegations against them.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Arms Act
  • Criminal Procedure Code
  • general allegations
  • omnibus allegations
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89470 of 2025
                 Arising Out of PS. Case No.-103 Year-2024 Thana- KUMAR KHAND District- Madhepura
                 ======================================================

           1.    Bijay Yadav @ Vijay Kumar Son of Brij Mohan Yadav Resident of Village -
                 Barahkurba, Ward No.- 15, P.S.- Kumarkhand (Bhatni O.P.), District -
                 Madhepura
           2.    Tej Narayan Yadav Son of Krishna Mohan Prasad Yadav Resident of Village
                 - Barahkurba, Ward No.- 15, P.S.- Kumarkhand (Bhatni O.P.), District -
                 Madhepura
           3.    Surendra Yadav Son of Late Satya Narayan Yadav Resident of Village -
                 Barahkurba, Ward No.- 15, P.S.- Kumarkhand (Bhatni O.P.), District -
                 Madhepura
           4.    Manbodh Yadav @ Mabodh Kumar Son of Bindeshwari Yadav Resident of
                 Village - Barahkurba, Ward No.- 15, P.S.- Kumarkhand (Bhatni O.P.),
                 District - Madhepura
           5.    Ajay Modi @ Ajay Kumar Son of Yogendra Modi Resident of Village -
                 Barahkurba, Ward No.- 15, P.S.- Kumarkhand (Bhatni O.P.), District -
                 Madhepura

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Sanjay Kumar Singh, Adv.
                 For the Opposite Party/s :     Mr.Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR

                                                ORAL ORDER

3   24-02-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. After some arguments, counsel for the petitioners

                   seeks permission to withdraw the instant anticipatory bail

                   petition as against the petitioner no.2, namely, Tej Narayan
Patna High Court CR. MISC. No.89470 of 2025(3) dt.24-02-2026
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          Yadav.

                    3. Permission is accorded.

                    4. Now, the bail application is confined only to

          petitioner nos. 1, 3, 4 and 5 respectively.

                    5. The petitioners are apprehending their arrest in

          connection with Kumarkhand (Bhatni O.P.) P.S. Case No. 103 of

          2024 dated 06.04.2024 registered for the offence punishable

          under Sections 147, 148, 149, 341, 323, 384, 354, 379, 307,

          448, 504, 506 of the Indian Penal Code and Section 27 of the

          Arms Act.

                    6. As per prosecution case, on 05.04.2024 at about

          12:00 PM, accused Bijay Yadav (petitioner no.1) along with

          other FIR-named accused persons, armed with deadly weapons,

          arrived at the informant’s house. It is alleged that Bijay Yadav

          assaulted the informant’s father with the butt of a rifle causing

          head injury. Co-accused Sushil Yadav allegedly fired a shot and

          assaulted Bhagwat Mukhiya with the butt of a gun causing

          injury to his palm, while Tej Narayan Yadav allegedly assaulted

          Narayan Mukhiya with the butt of a gun causing head injury.

          Pramod Thakur is also alleged to have fired indiscriminately. It

          is further alleged that the accused entered into the informant’s

          house and took away Rs. 11,000/- in cash along with ornaments.
Patna High Court CR. MISC. No.89470 of 2025(3) dt.24-02-2026
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                    7. Learned counsel for the petitioners submits that the

          allegation of causing injury with the but of the rifle is against

          the petitioner no.2 whose anticipatory bail application has

          already been withdrawn. So far as petitioner nos. 1, 3, 4 & 5 are

          concerned, the allegation is general and omnibus in nature.

          Counsel for the petitioners fairly submits that the petitioner no.1

          has one antecedent registered under Sections 147, 149, 341,

          323, 504, 506 of the I.P.C. which is bailable in nature whereas

          the petitioner nos. 3, 4 & 5 have clean antecedent. The

          petitioners undertake that they will not commit the same offence

          in future and in case an allegation is being made against them

          and the same is found to be true, the police officials will be at

          liberty to take appropriate steps against them.

                    8. On the other hand, the learned APP for the State has

          opposed the prayer for bail of the petitioners.

                    9. Having heard learned counsel for the parties and

          considering the fact that the injuries said to have been sustained

          by the injured do not corroborate the allegations made in the

          F.I.R. and that the specific allegation of overt act is against

          petitioner no. 2, whose anticipatory bail application has already

          been withdrawn, while the allegations leveled against petitioner

          nos. 1, 3, 4, and 5 are general and omnibus in nature, this Court
Patna High Court CR. MISC. No.89470 of 2025(3) dt.24-02-2026
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          is inclined to grant privilege of anticipatory bail to them.

                    10. Accordingly, let the above named petitioner nos. 1,

          3, 4 & 5, be released on bail, in the event of their arrest or

          surrender before the learned Court below within a period of six

          weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of the learned Chief Judicial

          Magistrate, Madhepura in connection with Kumarkhand (Bhatni

          O.P.) P.S. Case No. 103 of 2024, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S. as well as the

          following conditions:

                  (i)   One      of    the    bailors     should   be   the   family

          member/relative/known of the petitioner(s) who shall provide

          official document / personal affidavit to show his/her bona fide;

                  (ii) the petitioner(s) shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of their

          bail bond by the Trial Court itself;

                  (iii) the petitioner(s) shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;
              Patna High Court CR. MISC. No.89470 of 2025(3) dt.24-02-2026
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                                (iv) the petitioner(s) shall desist from committing any

                        criminal offence again, failing which the State shall be at liberty

                        to take steps for cancellation of their bail bonds.



                                                                             (Ajit Kumar, J)
rishi/-

U         T


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