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Patna High Court

Ramashray YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to a bond and specific conditions.

Summary

Ramashray Yadav was arrested on 12 January 2026 in connection with a police case alleging molestation, attempted outrage of modesty, and assault on an informant and her family, offences listed under Sections 126, 115(2), 110, 74, 75, 303(2), 351, 351(2) and 3(5) of the BNS, 2023. The petitioner claimed he had a clean antecedent and that the FIR was fabricated as retaliation for a case he had filed against the informant's husband. The prosecution opposed bail, arguing the seriousness of the charges. The court examined the allegations, the petitioner's claim of false implication, and the need to ensure his presence at trial. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, physical presence, non‑tampering with evidence, and verification of criminal antecedent. The bail order was made subject to cancellation if conditions were breached.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS, 2023.
  • Whether the allegations in the FIR are false and constitute a retaliatory false implication.
  • Whether the petitioner poses a risk of tampering with evidence or witnesses.

Legislation cited

  • BNS, 2023 — s. 110, 115(2), 126, 303(2), 3(5), 351, 351(2), 74, 75

Subjects

  • bail
  • false implication
  • retaliation
  • sexual assault
  • criminal antecedent
  • conditions of bail
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20362 of 2026
                       Arising Out of PS. Case No.-625 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Ramashray Yadav S/O Late Ramchandra Yadav R/O Bahera, P.S.- Wazirganj,
                 Dist.- Gaya ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   26-03-2026                  Heard Mr. Arvind Kumar Singh, learned counsel for

                   the petitioner and Mr. Pramod Kumar Pandey, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   12.01.2026 in connection with Wazirganj P.S. Case No. 625 of

                   2025, F.I.R. dated 13.09.2025 for the offences punishable under

                   Sections 126, 115(2), 110, 74, 75, 303(2), 351, 351(2) and 3(5)

                   of the BNS, 2023.

                               3.     According to prosecution case, this petitioner

                   entered into the house of the informant and started molesting her

                   and also tried to outrage her modesty but managed to fled away

                   as soon as informant's husband came there. Later on this

                   petitioner along with his wife came at the informant's house and

                   abused and assaulted the informant and her family members.
Patna High Court CR. MISC. No.20362 of 2026(2) dt.26-03-2026
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                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. The present case is the

          counter blast of Wazirganj P.S. Case No. 624 of 2025 filed by

          the petitioner against the husband of the informant. The

          petitioner has been made accused merely on the ground that

          earlier he had filed case against the informant so in retaliation

          the informant has implicated the petitioner in the present

          occurrence. The petitioner is in custody since 12.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 the learned Judicial

          Magistrate 1st Class, Gayaji in connection with Wazirganj P.S.

          Case No. 625 of 2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and
            Patna High Court CR. MISC. No.20362 of 2026(2) dt.26-03-2026
                                                        3/3




                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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