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Patna High Court

Mohan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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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