Patna High Court
Ramesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court grants anticipatory bail to the petitioners, subject to conditions, as the injuries are simple and the petitioners have no prior criminal record.
Summary
The petitioners, Ramesh Yadav and Ganesh Yadav, were named in FIR No. 86 of 2025 for alleged participation in an unlawful assembly that assaulted an informant and his family, invoking sections of the Bharatiya Nyaya Sanhita, 2023. They applied for anticipatory bail, claiming innocence, lack of prior criminal record, and that the allegations against them were either vague or related to only simple injuries. The State opposed the bail. The Patna High Court, after considering the nature of the injuries and the petitioners' circumstances, decided to grant anticipatory bail subject to strict conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order required a bail bond of Rs.10,000 with two sureties, compliance with conditions regarding appearance, non‑tampering with witnesses, and refraining from further offences. The bail is to be surrendered within thirty days of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging participation in an unlawful assembly and assault.
- Whether the nature of the injuries and the petitioners' lack of criminal antecedents justify granting bail under Section 438 of the CrPC.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(3), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- unlawful assembly
- assault
- Criminal Procedure
- Bharatiya Nyaya Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29842 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- KISHANPUR District- Supaul
======================================================
1. Ramesh Yadav S/o Shatrughan Yadav R/o Ward No. 01, Abhuar, P.S.-
Kishanpur, Distt- Supaul, Bihar, 852138
2. Ganesh Yadav @ Ganesh Kumar Yadav S/O Shatrughan Yadav R/O Ward
no. 10, Abhuar, P.S.- Kisanpur, Dist.- Supaul 852138
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-06-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Kishanpur P.S. Case No. 86 of 2025, F.I.R
dated 20.05.2025 registered for the offences punishable under
Sections 126(2), 115(2), 109, 352, 351(3), 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. According to prosecution case, the accused persons,
including the petitioners, allegedly formed an unlawful
assembly, surrounded the informant, and assaulted him with
lathis and other weapons. It is alleged that the informant was
dragged to the ground, assaulted on the head with a sharp-
Patna High Court CR. MISC. No.29842 of 2026(3) dt.24-06-2026
2/3
cutting weapon, and sustained injuries. The accused persons
also allegedly entered the informant's house and assaulted the
family members, causing injuries. The informant was thereafter
rescued by co-villagers and taken to the hospital for treatment.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. Referring to the contents of the FIR, it is further
submitted that the allegations levelled against petitioner no. 1
are general and omnibus in nature, whereas, so far as petitioner
no. 2 is concerned, although there is a specific allegation of
overt act against him/her, the injury sustained by the informant
has been found to be simple in nature. Lastly, it is submitted that
the petitioners have no criminal antecedents.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and taking into account that the injuries are simple in nature,
this Court is inclined to grant the privilege of anticipatory bail to
the petitioner.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be
Patna High Court CR. MISC. No.29842 of 2026(3) dt.24-06-2026
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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 CJM, Supaul in connection with
Kishanpur P.S. Case No.86 of 2025 , subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who
shall provide official document/personal affidavit
to show his/her bona fide;
(ii) the petitioner(s) shall appear on each
and every date before the Trial Court and failure to
do so for two consecutive dates without plausible
reason will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try
to induce or promise or threat the witnesses or
tamper with the evidences, failing which the State
shall be at liberty to take steps for cancellation of
the bail bonds;
(iv) the petitioner(s) shall desist from
committing any criminal offence again, failing
which the State shall be at liberty to take steps for
cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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