Patna High Court
Bijay Yadav @ Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
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by the butt of a rifle against the informant's father, which pertained to petitioner No.2 whose bail application was withdrawn.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bail, but the court noted the lack of corroboration of injuries and the specificity of the overt act against the withdrawn petitioner.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
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 354, 379, 384, 448, 504, 506
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.
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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
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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;
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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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