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Patna High Court

Ram Sikil YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to bond, sureties and conditions under Section 482(2) Cr.P.C.

Summary

Petitioners Ram Sikil Yadav, Ravindra Yadav and Sanjit Yadav sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Securities Act for alleged assault on a woman and her husband. They contended that the FIR was filed nine days after the alleged incident and based solely on a written application, not on the victim's statement, and that the case was motivated by a land dispute. The State opposed the bail but could not refute the delay and procedural irregularities highlighted by the petitioners. The court noted that the petitioners were not absconding and had approached the trial court for relief. Accordingly, the court granted anticipatory bail to the three petitioners, subject to a bail bond of Rs.10,000 and two sureties each, and conditions under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted despite the FIR being filed after a delay and based on a written application.
  • Whether the petitioners are deemed absconding under Section 82 Cr.P.C.
  • Whether the alleged land dispute and alleged false implication affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • FIR delay
  • false implication
  • land dispute
  • Criminal Procedure Code
  • Section 82
  • Section 482
  • Bihar Negotiable Securities Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2926 of 2026
                        Arising Out of PS. Case No.-180 Year-2025 Thana- JALE District- Darbhanga
                 ======================================================
           1.     Ram Sikil Yadav S/o Late Nandu Yadav @ Nand Yadav R/o village -
                  Bhimarpura , P.S - Jale , District - Darbhanga
           2.    Ravindra Yadav @ Ravindra Kumar S/o Ram Sikil Yadav R/o village -
                 Bhimarpura , P.S - Jale , District - Darbhanga
           3.    Ram Prayag Yadav S/o Late Nandu Yadav @ Nand Yadav R/o village -
                 Bhimarpura , P.S - Jale , District - Darbhanga
           4.    Sanjit Yadav @ Sanjit Kumar S/o Ram Prayag Yadav R/o village -
                 Bhimarpura , P.S - Jale , District - Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagan Deo Yadav, Adv.
                                                  Mr. Rajesh Kumar, Adv.
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   23-02-2026                   1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                 2. The petitioner no.1, 2 and 4 apprehend their arrest

                   in a case registered for the offences punishable under Sections

                   126(2), 127(2), 115(2), 118(1), 117(2), 109, 352, 351, 351(2),

                   3(5) of the BNS.

                                 3. Learned counsel for the petitioner no.1, 2 and 4

                   submits that petitioners have antecedent of one case, but the said

                   case was also instituted by the side of the informant. It is next

                   submitted that the informant alleges that on 09.09.2025 at 11:00
Patna High Court CR. MISC. No.2926 of 2026(4) dt.23-02-2026
                                            2/4




          PM, she along with her husband was irrigating their field when

          accused persons came and tied her husband and thereafter

          assaulted by knife causing injury on mouth, eye and also

          assaulted by brick causing fracture of bone of chest and her

          husband was taken to hospital from where he was referred to

          PMCH.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that parties are on a litigating

          term with respect to a land which the side of the informant

          intends to capture, which is objected by the side of the

          petitioners. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that though

          there is allegation of assault by knife and brick but then

          allegation of assault is not specific rather the allegation of

          assault is general and omnibus in nature. It is further submitted

          that the date of occurrence is 09.09.2025 and the FIR came to be

          instituted on 18.09.2025, based on a written application of the

          informant. It is further submitted that had the husband of the

          informant been assaulted in the manner as alleged in the FIR, in

          that event the FIR wold have been based on the fardbayan of the

          injured or the fardbayan of the informant would have been
Patna High Court CR. MISC. No.2926 of 2026(4) dt.23-02-2026
                                            3/4




          recorded at the hospital but then that is not the case, which casts

          an aspersion on the case of the prosecution that as to whether

          the occurrence as alleged ever took place in the manner alleged.

          It is also submitted that from perusal of the FIR, it would

          manifest that the FIR was instituted on 18.09.2025 and the same

          was seen by the learned ACJM-1 on 07.10.2025 i.e. after a delay

          of more than 20 days, which also casts an aspersion on the case

          of the prosecution. It is next submitted that no doubt the injury

          has been opined to be grievous in nature but whether the injury

          was caused by the petitioner or the occurrence took place in

          some other manner and the petitioners came to be implicated on

          account of previous dispute is an aspect of investigation. It is

          fairly submitted that a process under Section 82 Cr.P.C. has been

          issued on 16.01.2026 but then it is submitted that petitioners

          were not absconding rather were availing their remedies

          available in law and had approached the learned District Court

          by filing ABP No.1550 of 2025, which came to be rejected by

          an order dated 24.12.2025 but by then the High Court was

          closed, as such after opening of the High Court, the petitioners

          filed the instant anticipatory bail application and during

          pendency of the same the process under Section 82 Cr.P.C. came

          to be issued. It is thus reiterated and submitted that petitioners
           Patna High Court CR. MISC. No.2926 of 2026(4) dt.23-02-2026
                                                       4/4




                     were not absconding rather were availing their remedies, in

                     accordance with law.

                                  5. Learned A.P.P. for the State opposes the

                     anticipatory bail application but then is not in a position to rebut

                     the submission of the learned counsel appearing on behalf of the

                     petitioners that the FIR has been instituted after a delay of nine

                     days of the occurrence and 20 days thereafter it was sent to the

                     learned District Court and the FIR has been instituted based on a

                     written application and not on fardbayan of the injured or the

                     informant.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioners, the petitioner no.1, 2 and 4 above-

                     named, in the event of their arrest or surrender within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                     each with two sureties of the like amount each to the satisfaction

                     of learned trial court where the case is pending/successor court

                     in connection with Jalley P.S. Case No.180/2025, subject to the

                     conditions as laid down under Section 482(2) of the B.N.S.S.



                                               (Satyavrat Verma, J)
amit/-
U      T


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