Patna High Court
Ram Kishor YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to Ram Kishor Yadav and allowed Futani Yadav to withdraw his anticipatory bail application.
Summary
The petitioners Ram Kishor Yadav and Futani Yadav applied for anticipatory bail in connection with PS case No. 82 of 2025, which alleged offences under several sections of the B.N.S. Act. The informant claimed that the petitioners assaulted her daughter and father‑in‑law, causing severe injury. The court permitted Futani Yadav to withdraw his anticipatory bail application and directed him to surrender before the trial court for regular bail. For Ram Kishor Yadav, the court observed no specific allegation, noted a case‑and‑counter‑case and his clean antecedents, and therefore granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S. 2023. The order also instructed the lower court to consider his regular bail application promptly.
Issues considered
- Whether anticipatory bail should be granted to Ram Kishor Yadav despite the allegations under sections 126(2), 115(2), 117(2), 109(1), 74, 329, 329(4), 352, 351(3) and 3(5) of the B.N.S.
- Whether Futani Yadav's anticipatory bail application can be withdrawn and he can surrender for regular bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 329, 329(4), 3(5), 351(3), 352, 74
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- regular bail
- withdrawal of bail application
- section 482
- Bihar criminal procedure
- case and counter case
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14300 of 2026
Arising Out of PS. Case No.-82 Year-2025 Thana- TELMAR District- Nalanda
======================================================
1. Ram Kishor Yadav Son of Arjun Yadav Resident of Village- Naya Khandha,
P.S.- Telmar in the district of Nalanda
2. Futani Yadav @ Vijay Yadav Son of Arjun Yadav Resident of Village- Naya
Khandha, P.S.- Telmar in the district of Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Adv.
For the Opposite Party/s : Mr.Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 26-02-2026 Heard Mr. Sunil Kumar, learned counsel for the
petitioners, learned counsel for the informant and the learned
APP for the State.
2. At this stage, after some arguments, learned
counsel for the petitioners submits that considering the nature of
injury caused by petitioner no. 2, Futani Yadav @ Vijay Yadav,
he seeks permission to withdraw the application of anticipatory
bail with a liberty to surrender before the learned trial court and
take appropriate steps.
3. Permission is granted.
4. Accordingly, the application for anticipatory bail of
petitioner no. 2, Futani Yadav @ Vijay Yadav stands dismissed
Patna High Court CR. MISC. No.14300 of 2026(2) dt.26-02-2026
2/4
as withdrawn with a liberty to surrender before the court below
and take appropriate steps for regular bail.
5. The court concerned is expected to consider the prayer
for regular bail of the petitioner no. 2 on the same day, if possible.
6. Now, this application for grant of anticipatory is
being considered only with regard to petitioner no.1, who is
apprehending his arrest in connection with Telmar PS Case No.
82 of 2025 dated 18.11.2025, disclosing the offence under
Section 126(2), 115(2), 117(2), 109(1), 74, 329, 329(4), 352,
351(3) and 3(5) of the BNS, lodged by the informant, Sinku
Devi.
7. As per the prosecution case, the informant alleged
that her daughter and her father-in-law were assaulted by these
petitioners by means of lathi. Her father-in-law was assaulted on
his head by petitioner no.2 which caused severe injury. This led
to the present FIR.
8. Learned counsel for the petitioners submits that
there is no any specific allegations against petitioner no.1 and
there is case and counter case between the parties. The
petitioner’s side has also lodged an FIR bearing Telmar PS Case
No. 83 of 2025 instituted by Kanti Devi, who is wife of
petitioner no.1 against the side of the informant. The injuries
Patna High Court CR. MISC. No.14300 of 2026(2) dt.26-02-2026
3/4
which are said to have been sustained by the informant is found
to be simple in nature. The injury report of the informant is
available at Annexure-3 of the present petition.
5. On the other hand, learned counsel representing the
informant and learned APP vehemently opposed the prayer for
anticipatory bail of the petitioner no.1.
6. Considering the fact that there is no any specific
allegations against petitioner no.1, there is case and counter case
between the parties and petitioner no.1 has got clean antecedent,
this Court is inclined to grant the petitioner no.1, the privilege of
anticipatory bail.
7. This application for anticipatory bail is,
accordingly, allowed.
8. Let the petitioner no.1, Ram Kishor Yadav, in
the event of his arrest or surrender before the Court below
within six weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-II, Nalanda, Biharsharif in connection with
aforesaid Police Station Case subject to the condition as laid
down under Section 482 (2) of the B.N.S.S. 2023, as well as the
following conditions:-
Patna High Court CR. MISC. No.14300 of 2026(2) dt.26-02-2026
4/4
(i) one of the bailors should
be the family member/relative of the
petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) 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 his bail bond by the
Trial Court itself;
(iii) the petitioner(s) 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
(iv) the petitioner(s) shall
desist from committing any criminal
offence again, failing which the State
shall be at liberty to take steps for
cancellation of his/her bail bonds.
(Ajit Kumar, J)
perwez
U T
Checking your session…