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Patna High Court

Ram Bilash Yadav @ Ram Bilas YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond and conditions under the B.N.S., 2023.

Summary

Ram Bilash Yadav sought anticipatory bail after an FIR was lodged alleging that he and others threw garbage in a lane, leading to a scuffle and injuries, invoking sections 352, 351(2), 303(2), 109(1), 118(1), 76 and 3(5) of the B.N.S., 2023. The petitioner claimed innocence, stating he had instructed the informant not to throw garbage, and highlighted that the informant’s side habitually files cases. The State and the informant opposed bail, citing the seriousness of the alleged offences and the petitioner’s pending criminal cases. The court examined whether the dispute was petty and whether anticipatory bail was appropriate despite the pending cases. It granted anticipatory bail, subject to a Rs.30,000 bond and conditions under sections 2(1)(d) and 482(2) of the B.N.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under sections 352, 351(2), 303(2), 109(1), 118(1), 76 and 3(5) of the B.N.S., 2023.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
  • Whether the nature of the dispute (garbage disposal leading to scuffle) warrants arrest.

Legislation cited

  • B.N.S., 2023 — s. 109(1), 118(1), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2), 76

Subjects

  • anticipatory bail
  • criminal procedure
  • B.N.S. 2023
  • garbage dispute
  • prior criminal antecedent
  • section 352
  • section 351(2)
  • section 303(2)
  • section 109(1)
  • section 118(1)
  • section 76
  • section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21912 of 2026
                     Arising Out of PS. Case No.-7 Year-2026 Thana- MANIGACHI District- Darbhanga
                 ======================================================
                 Ram Bilash Yadav @ Ram Bilas Yadav Son of Late Yuge Yadav @
                 Yugeshwar Yadav Resident of Village - Chakvashawan, P.S.- Manigachi,
                 Dist.- Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Saurav Anand, Adv.
                 For the Opposite Party/s :       Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                      Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Manigachhi P.S. Case No.07 of 2026 lodged on

                   10.01.2026, for the offences punishable under Sections 352,

                   351(2), 303(2), 109(1), 118(1), 76 and 3(5) of the B.N.S., 2023.

                                3. As per the prosecution, FIR has been lodged against

                   six named accused persons including the present petitioner with

                   allegation that they used to throw garbage in the lane due to

                   which scuffling took place between the parties.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that from the FIR, it becomes crystal clear that the
Patna High Court CR. MISC. No.21912 of 2026(2) dt.08-04-2026
                                            2/3




          petitioner’s side has instructed the informant’s side to not throw

          garbage in the lane due to which abuse and scuffling started

          which resulted into hot discussion and also injury took place to

          both the sides.

                       5. Counsel submits that the criminal antecedent of the

          petitioner is not clean as there are four criminal cases pending

          against him in which he is on bail. He further submits that

          informant’s side are litigant and in habit of filing series of cases.

          They have filed four cases against the petitioner’s side.

                       6. Learned counsel for the informant vehemently

          opposes the prayer for bail and submits that there is specific

          allegation of injury which is attached as Annexure-P/3 of the

          bail petition.

                       7. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that the cause of dispute is

          such a petty nature, only not to throw garbage in the lane due to

          which scuffling took place.

                       8. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          learned Court below within a period of 4 weeks from today, on

          furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
           Patna High Court CR. MISC. No.21912 of 2026(2) dt.08-04-2026
                                                       3/3




                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of ACJM-VI, Darbhanga in connection with

                     Manigachhi P.S. Case No.07 of 2026, subject to the conditions

                     as laid down U/s 482(2) of the BNSS, 2023.



                                                               (Dr. Anshuman, J)
Prakashmani/-

U      T


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