Patna High Court
Rambabu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the injury report and the likelihood of false accusation, the petitioner is entitled to bail under Section 482(2) of the Criminal Procedure Code.
Summary
Rambabu Yadav sought relief from arrest in a land‑dispute case (P.S. No. 52 of 2025) where he was alleged to have assaulted an informant and his wife, with offences listed under Sections 126(2), 115(2), 117(2), 109(1), 352 and 3(5) of the Bihar statutes. The prosecution claimed the petitioner struck the informant with an iron rod and tore the wife’s saree, while the defence argued that the injuries were superficial, no knife wounds existed, and the petitioner was falsely implicated because he is the maternal uncle of co‑accused Bablu Yadav. The defence highlighted a counter‑case (P.S. No. 53 of 2025) suggesting the informant’s side was the aggressor and that the injury report did not support the serious charges. The court examined the injury report, the possibility of false accusation, and the bail provisions under Section 482(2). It ordered that the petitioner be released on bail with a bond of Rs 10,000 and two sureties, subject to conditions including presence in court and a close relative as a bailor.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the Criminal Procedure Code in view of the alleged false implication
- Whether the nature of the injuries alleged justifies the charges under the cited sections
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 109(1), 115(2), 117(2), 126(2), 3(5), 352
Subjects
- bail
- false implication
- land dispute
- injury report
- CrPC Section 482
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30211 of 2026
Arising Out of PS. Case No.-52 Year-2025 Thana- Patour District- Darbhanga
======================================================
Rambabu Yadav S/O Damodar Yadav Resident of Village- Akhara, P.S. -
Hayaghat, Dist- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Pator P.S. Case No. 52 of 2025
registered for the alleged offences under Section 126(2), 115(2),
117(2), 109(1), 352, 3(5) of the BNS.
03. As per prosecution case, in the background of land
dispute, coaccused Bablu Yadav assaulted the informant with knife
on his head and thereafter this petitioner hit the informant on his
head with iron rod causing bleeding. When the family members of
the informant came for his rescue, the other coaccused persons
assaulted them with lathi and danda and coaccused gave knife
blow to the wife of the informant and the petitioner tore her saree.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
There is case and counter case between the parties and the counter
Patna High Court CR. MISC. No.30211 of 2026(2) dt.08-05-2026
2/3
version is Pator P.S. Case No. 53 of 2025 which has been lodged
for the offences of same date and time on fardbayan of coaccused
Bablu Yadav and from the counter version it is apparent that the
informant side is aggressor and they tried to forcibly stop the
coaccused from filling up of his own land. Learned counsel further
submits that the injury report falsifies the allegation made against
the petitioner and other coaccused persons. No knife injury has
been found either on the informant or his wife. The injuries of
informant are lacerations on forehead of size 2cmx0.5cmx0.5cm
and another laceration of size 0.5cmx0.5cm over parietal region of
head. Other injuries are abrasion of left hand’s middle finger, ring
finger and little finger, bruise on left shoulder and swelling on left
eye brow of size 0.5cmx0.5cm. Similarly, only laceration of size
2cmx0.5cmx0.5cm has been found over the right parietal region of
the head of the wife of the informant and all injuries are simple
and caused by hard and blunt substance. The nature of injuries
shows the injuries are simple and superficial and there was no
intention to cause death or even to cause any injury. The petitioner
is own maternal uncle of coaccused Bablu Yadav and for this
reason he has been made accused in this case. The petitioner is
having antecedent of one case in which he is on bail.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioner.
Patna High Court CR. MISC. No.30211 of 2026(2) dt.08-05-2026
3/3
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the case
of the informant and its counter version and further considering
the injury report and also considering the possibility of false
accusation, let the petitioner above named, in the event of his
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of Court of
learned ACJM-IX, Darbhanga in connection with Pator P.S. Case
No.52 of 2025, subject to the condition laid down under Section
482(2) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
anuradha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.