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Patna High Court

Jayram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.1550 of 2026(2) dt.28-01-2026
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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
          Patna High Court CR. MISC. No.1550 of 2026(2) dt.28-01-2026
                                                      3/3




                    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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