Patna High Court
Ramashray YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
2/3
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
Checking your session…