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Patna High Court

Rampravesh YadavversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted anticipatory bail to petitioner No.3 subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the Bhartiya Nyaya Sanhita.

Summary

The petitioners, three brothers, sought anticipatory bail in a case registered under several sections of the Bhartiya Nyaya Sanhita for alleged assault on an informant's family. Petitioners 1 and 2 had already been arrested, and their anticipatory bail applications were withdrawn. Petitioner's 3, Shahdev Kumar, claimed innocence, arguing that the allegations were vague and that he had a prior criminal antecedent but no specific charge. The State opposed the bail, citing the seriousness of the offences. The High Court, after considering the facts, granted anticipatory bail to Shahdev Kumar, subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the Bhartiya Nyaya Sanhita.

Issues considered

  • Whether anticipatory bail can be granted to petitioner No.3 despite the serious offences alleged under the Bhartiya Nyaya Sanhita.
  • Whether the allegations against petitioner No.3 are sufficiently specific to deny bail.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • assault
  • bail bond
  • surety
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18940 of 2026
                    Arising Out of PS. Case No.-521 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
           1.     Rampravesh Yadav S/o Chadradeep Yadav R/o village - Lahas, P.S-
                  Rafiganj, District- Aurangabad
           2.    Hiralal Kumar @ Hiralal Yadav S/o Rampravesh Yadav R/o village - Lahas,
                 P.S- Rafiganj, District- Aurangabad
           3.    Shahdev Kumar @ Shahdev Kuamr S/o Dasharath Yadav R/o village -
                 Lahas, P.S- Rafiganj, District- Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Akanksha Verma
                 For the Opposite Party/s :       Mr.Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   18-05-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. Learned counsel for the petitioner has submitted

                   that petitioner Nos.1 and 2 have been arrested and as such the

                   application on their behalf has been in fructuous and as such

                   prays for withdrawal of anticipatory bail application with

                   respect to petitioner nos. 1 and 2. (Rampravesh Yadav and

                   Hiralal Kumar @ Hiralal Yadav)

                                3. Prayer is allowed.

                                4. This application is dismissed as withdrawn with
Patna High Court CR. MISC. No.18940 of 2026(3) dt.18-05-2026
                                            2/3




          respect to petitioner nos. 1 and 2.

                      5. The petitioner No.3 (Shahdev Kumar @ Shahdev

          Kuamr) is apprehends his arrest in connection with Rafiganj P.S.

          Case No. 521 of 2025 dated 22.12.2025 registered for the

          offences punishable under Sections 126(2), 115(2), 109(1),

          351(2), 324(5), 329(4) and 3(5) of the Bhartiya Nyaya Sanhita.

                       6. As per the prosecution case, petitioner along with

          other named accused persons assaulted the informant’s grand-

          father by means of rod, as a result of which he sustained head

          injury and fell down. It has further been alleged that accused

          persons also assaulted the informant and his brother with iron

          rod and lathi causing injury on their heads and other parts of the

          body.

                       7. Learned counsel for the petitioner has submitted

          that petitioner is innocent and has falsely been implicated in this

          case. It has further been submitted that there is no specific

          allegation against the petitioner rather the allegation against the

          petitioner is general and omnibus in nature. It has further been

          submitted that there is case and counter case between the

          parties. It has further been submitted that petitioner No.3 has got

          one criminal antecedent.

                       8. Learned A.P.P. for the State has vehemently
           Patna High Court CR. MISC. No.18940 of 2026(3) dt.18-05-2026
                                                       3/3




                     opposed the prayer for anticipatory bail of the petitioner.

                                  9. Heard the parties and perused the record.

                                  10. Considering the aforesaid facts and circumstances

                     of the case, let the above named petitioner No.3 (Shahdev

                     Kumar @ Shahdev Kuamr), in the event of his arrest/surrender

                     within a period of six weeks from today, be enlarged on

                     anticipatory bail on furnishing bail-bond of Rs. 10,000/-

                     (Rupees Ten thousand) with two sureties of the like amount

                     each to the satisfaction of the learned court concerned,

                     Aurangabad in connection with Rafiganj P.S. Case No. 521 of

                     2025, subject to conditions as laid down under section 482(2) of

                     the B.N.S.S.

                                  11. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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