Patna High Court
Rambali YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing his release on condition of a bond and compliance with Section 480(3) of the BNS.
Summary
Rambali Yadav was arrested in connection with a case alleging that she and co‑accused attacked the husband of an informant with weapons, causing injuries. The petitioner contended that the FIR was vague, the allegations were false, and that a prior case filed by her was earlier, asserting a case‑and‑counter‑case scenario. He highlighted inconsistencies in injury reports, lack of specific weapon attribution, absence of a victim’s statement, and the petitioner’s clean antecedent and prolonged custody since 14‑11‑2025. The State opposed bail, but the court noted the non‑specific nature of the charges, the clean record, and the period of detention. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000, two sureties, and conditions under Section 480(3) of the BNS.
Issues considered
- Whether bail should be granted despite multiple serious charges under the BNS.
- Whether the vagueness of the FIR and lack of specific allegations justify bail.
- Whether the petitioner’s clean antecedent and period of custody warrant release.
Legislation cited
- BNS — s. 109, 115(2), 117(2), 126(2), 127(2), 190, 191(2), 191(3), 480(3), 74
Subjects
- bail
- FIR
- vague allegations
- clean antecedent
- Section 480(3)
- criminal procedure
- false case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1377 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- Bankebazar District- Gaya
======================================================
Rambali Yadav S/O Late Rajdev Yadav R/O Village- Juri (Bechu Bigha) P.S-
Banke Bazar, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Adv.
For the Opposite Party/s : Mr.Anant Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Banke Bazar P.S. Case No. 160 of 2025,
registered for the offences under Sections 191(2), 191(3), 190,
126(2), 127(2), 115(2), 117(2), 109, 74 of the BNS.
3. As per the prosecution case, petitioner and other co-
accused persons armed with gun, sharp cut weapon, iron rod and
lathi attacked the husband of the informant causing injuries to
him. When the informant intervened, she was also assaulted and
her other family members were brutally assaulted causing a
number of injuries to them.
4. Learned counsel appearing on behalf of the
petitioner submits that there is case and counter case and the
case filed by the petitioner vide Banke Bazar PS Case No. 158
of 2025 is earlier in time. The petitioner and accused family
Patna High Court CR. MISC. No.1377 of 2026(2) dt.15-01-2026
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members were assaulted by the informant side and in order to
save their skin, this false case has been lodged. There is general
and omnibus allegation against the petitioner and other co-
accused persons and no weapon has been attributed to any of the
assailants. The FIR has been lodged with completely vague
allegation. The injury report of the husband of the informant
shows it is dated 27.01.2024 whereas the occurrence is stated to
have taken place on 31.10.2025. Further injury report of
Shubham Kumar shows overwriting and it shows manipulation.
Though allegation is against altogether seven persons but there
is no specific allegation against any one of them. Though the
police has allegedly taken away the victims to the hospital but
no fardbayan of the victim was recorded and the FIR was
instituted only on the concocted version of the informant. The
petitioner is in custody since 14.11.2025. The petitioner is
having clean antecedent.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact of case and counter case between the parties and non-
specific nature of allegation against the petitioner and further
Patna High Court CR. MISC. No.1377 of 2026(2) dt.15-01-2026
3/3
considering clean antecedent and period of custody, the
petitioner is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned JMFC, Sherghati at Gaya/concerned court, in
connection with Banke Bazar P.S. Case No. 160 of 2025, subject
to the condition laid down under Section 480(3) of the BNSS
and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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