Patna High Court
Ram Pravesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to regular bail.
Summary
Ram Pravesh Yadav was arrested in connection with a FIR (Kashichak PS Case No. 57 of 2025) that alleged his participation in a violent dispute, including firing of a weapon that injured the informant's son. The petitioner contended that the shooting was solely attributable to co‑accused Chandan Yadav and that he was falsely implicated due to a land dispute, emphasizing his lack of prior criminal record and his custody since 13‑12‑2025. The State opposed the bail application, relying on the multiple serious charges under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959. The Court examined the FIR, noted that the allegation of firing was directed only at the co‑accused, and considered the petitioner’s clean antecedent and prolonged pre‑trial detention. Accordingly, the Court ordered that regular bail be granted on furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate‑VI, Nawada.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959.
- Whether the allegation of firing being solely against a co‑accused negates the necessity of pre‑trial detention for the petitioner.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 118(2), 126(2), 3(5), 351(2), 352
Subjects
- regular bail
- pre‑trial detention
- false implication
- land dispute
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12430 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- KASHICHAK District- Nawada
======================================================
Ram Pravesh Yadav S/o Late Devsharan Yadav Resident of Village- Lila
Bigha, P.S.- Kashichak, District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kashichak P.S. Case no.
57 of 2025 registered under sections 115(2), 126(2), 118(1),
118(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and section 27 of the Arms Act, 1959.
3. As per the prosecution case, the informant states
that as a result of previous dispute, the five named accused
persons including the petitioner herein came and started to
abuse the informant and others. It is further stated that as a
result of firing resorted to by co-accused Chandan Yadav, the
son of the informant sustained gun shot injury in his chest and
he was taken to the hospital for treatment.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.12430 of 2026(2) dt.26-02-2026
2/2
petitioner has been falsely implicated in the case because of land
dispute between the parties as evident from the FIR itself. The
allegation of firing is solely against Chandan Yadav. The petitioner is
in custody since 13.12.2025 and has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the allegation of firing being solely on co-accused
Chandan Yadav and not the petitioner herein, the petitioner
being in custody since 13.12.2025 and not having any criminal
antecedent, the Court directs the petitioner to be enlarged on bail in
connection with Kashichak P.S. Case no. 57 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-VI, Nawada.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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