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Patna High Court

Rambali Yadav @ Ramvali YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioners No. 1 and No. 3 with conditions, and denied anticipatory bail to petitioner No. 2.

Summary

The petitioners, three members of the Yadav family, filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in connection with an FIR alleging assault and other offences under the Bharatiya Nyaya Sanhita, 2023. The State opposed the bail, highlighting the seriousness of the alleged assault on Gajendra Kumar, which was described as grievous, and pointing out multiple pending criminal cases against the petitioners. The court examined the allegations, the petitioners' willingness to comply with conditions, and the need to verify their criminal antecedents. It refused anticipatory bail to petitioner No. 2, Ravish Kumar, on account of the nature of the allegation, but granted anticipatory bail to petitioners No. 1 and No. 3, subject to a Rs 30,000 bail bond, verification of antecedents, and the correctness of the statements made in the petition. The bail order will be cancelled if any concealment of criminal history is discovered or if the statements in paragraph 3 are found to be false.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482 of the BNSS, 2023 given the nature of the allegations and their pending criminal cases.
  • Whether bail should be denied to petitioner No. 2 on account of the alleged grievous injury caused during the assault.
  • Whether the court may impose conditions such as verification of criminal antecedent and truthfulness of statements as a prerequisite for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • criminal antecedent
  • grievous injury
  • bail conditions
  • BNSS 2023
  • BNS 2023
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37937 of 2026
                     Arising Out of PS. Case No.-28 Year-2026 Thana- KHUDAGANJ District- Nalanda
                 ======================================================
           1.     Rambali Yadav @ Ramvali Yadav S/o Late Ramdeo Yadav Resident of
                  Village - Imadpur, P.S. - Khudaganj, District - Nalanda
           2.    Ravish Kumar @ Ravish S/o Rambali Yadav Resident of Village - Imadpur,
                 P.S. - Khudaganj, District - Nalanda
           3.    Karu Yadav S/o Late Ramdeo Yadav Resident of Village - Imadpur, P.S. -
                 Khudaganj, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shyamal Prakash, Advocate
                 For the Opposite Party/s :      Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   17-06-2026                      Heard learned Counsel for the petitioners and

                   learned APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioners who apprehend arrest

                   in connection with Khudaganj P.S. Case No. 28 of 2026, lodged

                   on 06.02.2026,         under Sections 191(2), 190, 126(2), 115(2),

                   117(2), 109, 326(f), 303(2) and 352 of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against
Patna High Court CR. MISC. No.37937 of 2026(2) dt.17-06-2026
                                            2/4




          six named accused persons including the present petitioners. In

          the FIR, specific allegation against petitioner No. 1 is that he

          has assaulted the informant, against petitioner No. 2 that he has

          assaulted Gajendra Yadav, the nephew of the informant, and

          against Petitioner No. 3 that he has assaulted the brother of the

          informant.

                       4. Learned Counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. He

          submits that both are resident of same village and on pity

          village politics the scuffling took place between the family of

          the informant and petitioners. Counsel submits that antecedent

          of Petitioner Nos. 1 and 3 are not clean, there are two criminal

          cases pending against them in which they are on bail. Against

          Petitioner No. 2 there is            only one criminal case pending.

          Learned Counsel for petitioners further submits that they are

          ready to fulfill all conditions whatsoever shall be imposed upon

          them.

                       5. Learned Counsel for informant vehemently opposes

          the prayer for bail and submits that the statement made in

          Paragraph 3 that against petitioner Nos. 1 and 3 there are two

          criminal cases is false, actually there are three criminal cases

          pending against them. He further submits that against petitioner
Patna High Court CR. MISC. No.37937 of 2026(2) dt.17-06-2026
                                            3/4




          No. 2, there are two criminal cases pending. He also submits

          that it has been observed by the Sessions Court at the time of

          rejection that the injury on the Gajendra Kumar caused by

          petitioner No. 2 is grievous in nature. He submits that the

          petitioners have not come before this Court with clean hand.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioners and submits that in the order sheet of the

          rejection order the indication is there the injury found on the

          injured Gajendra Kumar is grievous in nature.

                       7. Considering the nature of allegation against

          petitioner No.2 Ravish Kumar, this Court is not inclined to grant

          anticipatory bail to him. Hence, his prayer for anticipatory bail

          is hereby refused.

                       8. So far as petitioner Nos.1 and 3 are concerned, in

          the present facts and circumstances of this case, let petitioner

          Nos.1 Rambali Yadav @ Ramvali Yadav and petitioner No.3

          Karu Yadav 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) each as mentioned in

          Section 2(1)(d) of the BNSS, 2023 to the satisfaction of

          Additional Chief Judicial Magistrate-I, Hilsa, Nalanda, in
           Patna High Court CR. MISC. No.37937 of 2026(2) dt.17-06-2026
                                                       4/4




                     connection with Khudaganj P.S. Case No. 28 of 2026, subject to

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

                                  9. And further condition that the Trial Court shall

                     verify the criminal antecedent of the petitioners and in case at

                     any stage it is found that the petitioners have concealed their

                     criminal antecedent, the Trial Court shall take step for

                     cancellation of bail bond of the petitioners.                However, the

                     acceptance of bail bonds in terms of the above mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.

                                  10. It is made clear that the bail order shall be

                     effective only when the statement made in paragraph No.3

                     shall be correct, if it has been found that the statement made

                     in paragraph No.3 is not correct and suppression has been

                     made about pendency of the case then petitioners shall not

                     be released on bail.



                                                                          (Dr. Anshuman, J)
Mkr./Manshi/-

U      T


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