Patna High Court
Nilambar Yadav @ Lilamber Kumar Yadav @ Lilambar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners subject to surrender within eight weeks and a bail bond of Rs.10,000 with two sureties.
Summary
The petitioners, Nilambar Yadav and Chandan Yadav, were arrested in connection with a case registered under Sections 329(4), 75, 76, 126, 115(2), 303(2), 351(2) and 3(5) of the Bhartiya Nyaya Sanhita for allegedly climbing a wall, entering a neighbour's house and attempting rape, followed by assault and theft of jewellery. The petitioners contended that the incident arose from a long‑standing dispute over a pathway with the informant, that the injuries were minor, and that the more serious allegations were fabricated to aggravate the case. The State opposed the bail application, emphasizing the gravity of the offences. The court examined the factual matrix, the petitioners' clean antecedents, and the principle that bail may be granted if the investigation is not likely to be impeded. Relying on Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the court ordered bail on the condition of surrender within eight weeks and furnishing a bail bond of Rs.10,000 with two sureties. The bail order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita
- Whether the circumstances justify the exercise of the court's inherent powers under Section 482 of the Bhartiya Nagrik Suraksha Sanhita
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 115, 126, 3, 303, 329, 351, 75, 76
Subjects
- bail
- rape
- assault
- theft
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
- criminal procedure
- neighbor dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12173 of 2026
Arising Out of PS. Case No.-377 Year-2024 Thana- BABUBARHI District- Madhubani
======================================================
1. Nilambar Yadav @ Lilamber Kumar Yadav @ Lilambar Kumar S/o Ganesh
Yadav @ Ramganesh Yadav R/o vill - Aurahi, ward no. 1, P.S.- Bhatchaura,
P.s.- Babubarhi, Distt.- Madhubani
2. Chandan Yadav @ Chandan Kumar Yadav S/o Ganesh Yadav @ Ram
Ganesh Yadav R/o vill - Aurahi, ward no. 1, P.S.- Bhatchaura, P.s.-
Babubarhi, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi
For the Opposite Party/s : Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 329(4), 75, 76, 126,
115(2), 303(2), 351(2), 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., on 20.08.2024 at about 11:00 PM,
these two petitioners climbed the wall and entered the house of
informant and thereafter, tried to commit rape with her and
when informant protested, these petitioners and other co-
accused persons assaulted her. It is further alleged that co-
accused Kumari Devi and Sarita Devi snatched Mangalsutra &
silver ornaments from the informant.
Patna High Court CR. MISC. No.12173 of 2026(2) dt.24-02-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners and informant are close door neighbours and due to
dispute over pathway/passage, altercation took place. Injuries,
sustained by informant, are simple in nature. Rest of the
allegation are ornamental in order to make the case grave.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
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, Madhubani in connection
with Babubarhi P.S. Case No. 377 of 2024, 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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