Patna High Court
Rampravesh YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PRAVEEN KUMAR
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 Petitioners 1 and 2 had already been arrested, and their anticipatory bail applications were withdrawn.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
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 324(5), 329(4), 3(5), 351(2), 482(2)
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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