Patna High Court
Mohan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the allegations were vague and general, and given the petitioners’ clean antecedent, bail was warranted under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, Mohan Yadav, Rajendra Yadav and Sulekha Devi, sought bail after being implicated in a land‑dispute assault case where the FIR alleged multiple offences under the Bhartiya Nyaya Sanhita, including assault, robbery and criminal intimidation. They contended that the charge sheet was vague, describing the assault in general terms without specifying any overt act by them, and asserted a clean antecedent. The State opposed the bail, relying on the seriousness of the offences. The court examined whether the allegations were sufficiently specific to justify denial of bail and considered the petitioners’ clean record. Finding the accusations to be omnibus and ornamental, the court ordered that the petitioners be released on bail upon furnishing bonds and sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the allegations in the FIR constitute a specific overt act sufficient to deny bail.
- Whether the petitioners’ clean antecedent and the nature of the charges warrant the grant of bail.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be invoked to enlarge bail in this case.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115, 117, 126, 3, 303, 351, 352
Subjects
- bail
- criminal procedure
- general allegations
- clean antecedent
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89713 of 2025
Arising Out of PS. Case No.-135 Year-2025 Thana- GWALPARA District- Madhepura
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1. Mohan Yadav S/o Late Babuan Yadav Resident of Village- Tilathi, Ward No.
2, P.S.- Gwalpara, District- Madhepura
2. Rajendra Yadav S/o Late Bauan Yadav Resident of Village- Tilathi, Ward
No. 2, P.S.- Gwalpara, District- Madhepura
3. Sulekha Devi W/o Mohan Yadav Resident of Village- Tilathi, Ward No. 2,
P.S.- Gwalpara, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and Mr.
Umeshanand Pandit, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 109(1),
117(2), 303(2), 352, 351(3), 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., on account of land dispute, all the
accused persons including these petitioners, came at the door of
informant and indiscriminately assaulted informant and other
family members with lathi, causing injuries to them. It is further
alleged that accused persons snatched cash of Rs. 30,000/- from
the pocket of informant and ear rings from the wife of
informant.
Patna High Court CR. MISC. No.89713 of 2025(2) dt.15-01-2026
2/2
4. Learned counsel for the petitioners submits that
allegation of assault is general and omnibus and no specific
overt act has been alleged against petitioners. Rest of the
allegation is ornamental. Case and counter case. Petitioners
claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case, let the
above named petitioners, in the event of their arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned J.M. 1st Class, Udakishunganj at Madhepura in
connection with Gwalpara P.S. Case No. 135 of 2025, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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