Patna High Court
Shambhu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions, under Section 482(2) of the B.N.S.
Summary
The petitioners, Shambhu Yadav and Ganga Yadav, sought anticipatory bail fearing arrest in a police case (No. 87 of 2025) alleging offences under several sections of the B.N.S., including assault and rioting. The prosecution alleged that the petitioners, along with others, assaulted an informant and his family, causing injuries and snatching jewellery. The petitioners argued that the FIR contains only vague, omnibus allegations with no specific overt act attributed to them and that they have a clean criminal record. The State opposed the bail, contending that the petitioners are named accused in the FIR and cannot escape liability. The court examined the lack of specific allegations, the petitioners' clean antecedent, and the material on record, and consequently granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the FIR names the petitioners but lacks specific allegations against them
- Whether the absence of a specific overt act and the petitioners' clean antecedent justify anticipatory bail
- Whether the provisions of Section 482(2) of the B.N.S. permit the court to release the petitioners on bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 190, 191(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- FIR
- specific allegation
- clean antecedent
- Section 482
- B.N.S.
- assault
- rioting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9263 of 2026
Arising Out of PS. Case No.-87 Year-2025 Thana- Safiyasarai District- Munger
======================================================
1. Shambhu Yadav S/O Late Arjun Yadav R/O Village- Jagdambapur, Farda,
P.S- Safiyasarai, Distt.- Munger.
2. Ganga Yadav S/O Dasrath Yadav @ Dasrath Pandit R/O Village-
Jagdambapur, Farda, P.S- Safiyasarai, Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Safiyasarai P.S. Case No. 87 of 2025 registered
for the offences punishable under Sections 191(2), 190, 126(2),
115(2), 109(1), 352, 351(2) of the B.N.S.
3. As per prosecution case, petitioners and other
are said to have abused the informant and his family members.
When the same was protested, petitioners and others assaulted
the informant and his family members by means of lathi, danda
and iron rod as a result of which informant and Raja Yadav
sustained injury on head. It is alleged that they assaulted the
Patna High Court CR. MISC. No.9263 of 2026(2) dt.20-02-2026
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ladies and other members of informant’s family by means of
slaps and tried to use indecent language with informant and his
family members. It is further alleged that they snatched earrings
of Sarita Devi.
4. Learned counsel for the petitioners submits that
there is no specific allegation against the petitioner rather the
allegation are general and omnibus in nature. He further submits
that no specific overt-act is attributed against the petitioners. He
further submits that all the injuries of the injured person are
simple in nature caused by hard and blunt substance. He further
submits that petitioners are innocent and have committed no
offence as alleged in the FIR and they have falsely been
implicated in this case. In the light of the aforesaid facts and
circumstances of the case, no case is made out against the
petitioners as alleged in the FIR. Petitioners bear no criminal
antecedent.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioners by submitting that
petitioners are FIR named accused persons and hence, they
cannot escape from the allegation made in FIR.
6. Considering the facts and circumstances of the
case, there is no specific allegation against the petitioners,
Patna High Court CR. MISC. No.9263 of 2026(2) dt.20-02-2026
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keeping in view clean antecedent of petitioners, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioners
above-named, in the event of their arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Munger in
connection with Safiyasarai P.S. Case No. 87 of 2025, subject to
the conditions as laid down under Section 482 (2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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