Patna High Court
RAMASHISH YADAVversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners, subject to a payment of Rs 5,000 to the informant and compliance with specified bail conditions.
Summary
The petitioners, three members of the Yadav family, sought anticipatory bail fearing arrest in a case (Roh PS Case No. 252 of 2025) filed under multiple sections of the Bhartiya Nayay Sanhita, 2023 alleging family‑related assault. The prosecution alleged that Ramashish Yadav assaulted his brother with an iron rod, while no specific allegations were made against Shivu and Kashi Yadav. The petitioners argued that there was no injury report in the case diary and that they had no prior criminal record. The court noted the absence of an injury report, the lack of antecedents, and the petitioners' willingness to pay Rs 5,000 to the informant, and therefore granted anticipatory bail subject to strict conditions, including a bail bond, sureties, regular appearances, and a payment to the informant. The order directed that the bail be released within four weeks of arrest or surrender, subject to compliance with Section 438(2) of the Cr.P.C. and the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) of the Criminal Procedure Code despite the FIR alleging assault.
- Whether the absence of an injury report and lack of prior criminal antecedents justify granting bail.
- Whether the condition of paying Rs 5,000 to the informant is permissible as a term of bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 126(2), 305, 325(4), 3(5), 351(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- Bhartiya Nayay Sanhita
- family dispute
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1210 of 2026
Arising Out of PS. Case No.-252 Year-2025 Thana- ROH District- Nawada
======================================================
1. RAMASHISH YADAV S/O KASHI YADAV R/o vill - Partapur, P.S.- Roh,
Distt.- Nawada
2. Shivu Yadav S/o Kashi Yadav R/o vill - Partapur, P.S.- Roh, Distt.- Nawada
3. Kashi Yadav S/o Late Balkishun Yadav R/o vill - Partapur, P.S.- Roh, Distt.-
Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard Mr. Sunil Kumar,learned counsel for the
petitioners and the State.
2. The petitioners are apprehending arrest in
connection with Roh P.S. Case No. 252 of 2025 instituted
under Sections 126(2), 115(2), 109, 74, 325(4), 305, 352,
351(2), 3(5) of the Bhartiya Nayay Sanhita, 2023 lodged on
01.08.2025 by the informant, Bipin Yadav.
3. As per the prosecution story, the informant alleged
that on the point of partition in the family, the accused persons,
two of whom, are full brothers while petitioner no.3 is father
assaulted him. The allegation against Ramashish Yadav is of
giving iron rod blow on the head causing injury. They also
Patna High Court CR. MISC. No.1210 of 2026(2) dt.04-02-2026
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assaulted his wife and took away the cash amount/jewellery.
This led to the FIR.
4. Learned counsel for the petitioners submit that so
far as the petitioner no.2, Shivu Yadav and petitioner no.3,
Kashi Yadav are concerned, no allegation has been made against
them. Regarding, petitioner no.1, Ramashish Yadav, though
allegation of assault is there by the brother informant, learned
Sessions Judge has recorded that the case diary do not have
injury report.
5. Last submission is that irrespective of the outcome
of the present case and/or accepting the allegation, the petitioner
no.1, Ramashish Yadav intends to contribute Rs.5000/- to the
informant through Demand Draft issued by the local State Bank
of India branch/Any Nationalized Bank to be submitted before
the concerned Court to be handed over to the informant after
checking the credential.
6. Learned APP opposes the prayer submitting that
Ramashish Yadav has assaulted his own brother.
7. Considering the submissions of the parties and
taking into account the observation of the learned Sessions
Judge that the injury report is not available in the case diary,
none of them have criminal antecedent, in that background, this
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Court is inclined to extend them the privilege of anticipatory
bail subject to payment of Rs. Rs.5000/- by petitioner no.1,
Ramashish Yadav to the informant through Demand Draft
issued by the local State Bank of India branch/Any Nationalized
Bank to be submitted before the concerned Court to be handed
over to the informant after checking the credential.
8. Let the petitioners be released on bail, in the event
of their arrest or surrender before the subordinate court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each in connection with Roh P.S. Case No.
252 of 2025 to the satisfaction of learned Judicial Magistrate-1st
Class, Nawada subject to the conditions as laid down under
Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
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(iii) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark their
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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