Patna High Court
Rambali Yadav @ Ramvali YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 303(2), 326(f), 352
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
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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
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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
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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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