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Patna High Court

Ramesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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