Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail should be granted to the petitioner.
Summary
The petitioner, Ashok Yadav, sought anticipatory bail after being named in an FIR alleging offences under Sections 341, 323, 307, 354, 379 and 34 of the IPC for assault, robbery and outraging modesty. The prosecution alleged that the accused, armed with lathis and faras, attacked an informant’s family, committed sexual assault and stole jewellery. The petitioner contended that he was innocent, the incident stemmed from a long‑standing land dispute and amounted only to a “simple maar‑peet” with mutual injuries, describing the accusations as general and omnibus. The State opposed the bail, arguing the seriousness of the charges. The Court, noting the lack of specific allegations against the petitioner, his clean antecedents and the counter‑case nature of the dispute, exercised its power under Section 482(2) of the B.N.S.S. to grant anticipatory bail, conditioning it on a bail‑bond of Rs.10,000 with two sureties. The order directed that if arrested within eight weeks, the petitioner be released on bail subject to the stated conditions.
Issues considered
- Whether anticipatory bail can be granted when the allegations against the accused are general and omnibus in nature
- Whether the petitioner’s clean antecedents and the existence of a counter‑case justify the grant of anticipatory bail
- Whether the court can invoke Section 482(2) of the B.N.S.S. to conditionally release the petitioner on anticipatory bail
Legislation cited
- B.N.S.S. — s. 482
- Indian Penal Code — s. 307, 323, 34, 341, 354, 379
Subjects
- anticipatory bail
- general and omnibus accusation
- clean antecedents
- case and counter‑case
- Section 482(2)
- IPC offences
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90168 of 2025
Arising Out of PS. Case No.-239 Year-2022 Thana- BAHERA District- Darbhanga
======================================================
Ashok Yadav Son of Chamak Yadav Resident of Village- Rampur, P.S.-
Bahera, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Suraj Narain Yadav, Advocate
For the State : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 341, 323,
307, 354, 379 and 34 of the Indian Penal Code.
3. As per prosecution case, all 13 F.I.R. named
accused persons, including this petitioner, armed with lathi and
farsa assaulted informant and his family members. It is further
alleged that the accused persons also outraged the modesty of
female members of the family and snatched gold jewellery.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.90168 of 2025(2) dt.10-02-2026
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behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, on account of long
standing land dispute between the parties, a simple maar-peet
took place in which both sides sustained injuries. There is case
and counter-case. Allegation of assault is general and omnibus
and no specific accusation of overt act has been alleged against
this petitioner. Rest of the allegations are ornamental in order to
make the case grave. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case between the parties and clean antecedents of the
petitioner, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M., Benipur in
Patna High Court CR. MISC. No.90168 of 2025(2) dt.10-02-2026
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connection with Bahera P.S. Case No. 239 of 2022, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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