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Patna High Court

Ashok YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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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