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Patna High Court

Ram Kishor YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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  • Whether Futani Yadav's anticipatory bail application can be withdrawn and he can surrender for regular bail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


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