Patna High Court
Ramotar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioners are entitled to bail subject to a bond of Rs.10,000 each, two sureties, and surrender within eight weeks.
Summary
Ramotar Yadav and Jitendra Kumar, residents of Karkatti village in Jamui district, were charged under sections 147, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code for assaulting an informant with an axe and assaulting a person named Mahesh, causing only simple injuries. Fearing arrest, they filed a bail petition before the Patna High Court. The State opposed the bail on the ground of the seriousness of the offences. The Court examined the nature of the injuries, the circumstances of the case and the statutory provisions governing bail. Relying on section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court held that bail could be granted subject to conditions. Accordingly, each petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount and a requirement to surrender within eight weeks.
Issues considered
- Whether the petitioners are entitled to bail despite being charged with multiple serious offences under the IPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 147, 149, 307, 323, 324, 325, 341, 504
Subjects
- bail
- Indian Penal Code
- assault
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1413 of 2026
Arising Out of PS. Case No.-117 Year-2022 Thana- KHAIRA District- Jamui
======================================================
1 . Ramotar Yadav S/O Kashi Yadav R/O Village- Karkatti, P.S- Kahaira, Dist.-
Jamui.
2. Jitendra Kumar @ Jitan Yadav S/O Kedar Yadav R/O Village- Karkatti, P.S-
Kahaira, Dist.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 147, 149, 341 , 323 , 324,
325 , 307 and 504 of IPC .
3 . As per F.I.R. petitioner No. 1 assaulted on the
head of informant by means of axe and petitioner No. 2
assaulted Mahesh . Injuries caused by these petitioners are
simple in nature .
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, nature of injury
Patna High Court CR. MISC. No.1413 of 2026(2) dt.11-02-2026
2/2
and other circumstances of the case , in the event of arrest or
surrender within eight weeks from today, let the petitioners, as
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned CJM Jamui in
connection with Khaira P.S. Case No. 117 of 2022 , subject
to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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