Patna High Court
Jayram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Jayram Yadav sought anticipatory bail fearing arrest in a case (Gurua P.S. Case No. 183 of 2024) involving offences under several IPC sections. The prosecution alleged that Dharmendra Yadav and others assaulted the informant’s laborers, extorted money and damaged property. The petitioner contended that he was never named in the FIR, no material was recovered from him, and the prosecution’s story was fabricated. The State opposed the bail, but the court noted that the petitioner’s name surfaced only through a co‑accused’s statement, which lacks evidentiary weight, and he has only one prior criminal incident linked to the same informant. Consequently, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not named in the FIR and is implicated only by a co‑accused’s statement
- Whether the lack of specific allegations and prior criminal antecedent justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- false FIR
- co‑accused statement
- IPC offences
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1550 of 2026
Arising Out of PS. Case No.-183 Year-2024 Thana- GURUA District- Gaya
======================================================
Jayram Yadav S/o Ramchandra Yadav Resident of Village- Baiju Bigha, P.S.-
Gurua, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Gurua P.S. Case No. 183 of 2024, registered for the
offences punishable under Sections 341, 323, 354, 379, 329,
385, 427 and 34 of the IPC.
3. The case of the prosecution, in short, is that one
Sushil Singh has submitted his written application to the police
on 01.06.2024, for the offence alleged to be committed on
27.05.2025, alleging that when he was constructing Boundary
wall at his land, his villager Dharmendra Yadav along with 10
others came by motorcycle having firearm and directed to stop
the work and demanded Rs. 50,000/- and committed marpit
with his labors and also misbehaved with the female labor due
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to which labors have sustained injury and took away Rs. 7,000/-
from the informant and also damaged the constructed Boundary
wall.
4. Learned counsel for the petitioner submits that the
entire prosecution story is false, fabricated and concocted.
Learned counsel for the petitioner submits that there is no
manner of occurrence as alleged has ever taken place. It is
further submitted that the petitioner is not named in the FIR and
nothing has been recovered from his possession or his house or
any other place occupied by the petitioner which can remotely
suggest the involvement of the petitioner in the instant case.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that the petitioner is not named
accused in the FIR and that his name has later come up on the
basis of statement of the co-accused Dharmendra Yadav which
carries no evidentiary value and also given the fact that there is
no specific allegation against the petitioner and the petitioner
has only one criminal antecedent that also at the behest of the
same informant. Under these circumstances, this Court is
inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
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arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Sherghati at Gaya in connection with
Gurua P.S. Case No. 183 of 2024, subject to the conditions laid
down under section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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