Patna High Court
Ramchandrar Yadav @ Ramchandra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
Bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S. 2023.
Summary
The petitioner, Ramchandrar Yadav, sought bail in connection with a land‑dispute related case (Bihra P.S. Case No.88 of 2025) involving multiple offences under the B.N.S., 2023. He claimed innocence, stating that the incident was a mutual altercation resulting in only simple injuries and that he has no prior criminal record. The State opposed the bail, arguing the seriousness of the charges. The court considered the nature of the injuries, the absence of prior antecedents, and the fact that the petitioner had not previously applied for anticipatory or regular bail. It granted bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. 2023 and further stipulations regarding undisclosed antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 191(2), 190, 115(2), 118(1), 109(1), 329(3), 303(2), 352, 351(2) of the B.N.S., 2023.
- Whether the petitioner’s claim of no criminal antecedents and the simple nature of injuries justify bail.
- Whether the failure to apply earlier for anticipatory or regular bail affects the grant of bail.
Legislation cited
Subjects
- bail
- criminal procedure
- land dispute
- assault
- simple injury
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3926 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- BIHRA District- Saharsa
======================================================
Ramchandrar Yadav @ Ramchandra Yadav, Son of Mahanand Yadav,
Resident of Village - Saharba, Ward No. 17, P.S. - Bihra, District - Saharsa,
Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Amarnath Jha, Advocate
For the State : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Bihra P.S. Case No.88 of 2025,
dated.21.04.2025, registered for the offences punishable under
Sections 191(2), 190, 115(2), 118(1), 109(1), 329(3), 303(2),
352, 351(2) of the B.N.S., 2023.
3. As per allegation, due to land dispute, the Petitioner
and other co-accused have assaulted the informant and other
family members.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that due to land dispute altercation
Patna High Court CR. MISC. No.3926 of 2026(2) dt.04-02-2026
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took place between the informant side and the Petitioner’s side
leading to injury on both the sides and there is case and counter
case between the them. He also submits that the alleged injury
caused is simple in nature.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the simple nature of injury and case
and counter case, this petition is allowed, directing the
petitioner, above-named, to be enlarged on bail, in the event of
his arrest or surrender before the court below within a period of
eight weeks from the date of receipt / production of a copy of
this order, on his furnishing bail bonds in the sum of Rs.
10,000 /- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned concerned Court below, in
connection with Bihra P.S. Case No.88 of 2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S
2023, and on the following conditions:
Patna High Court CR. MISC. No.3926 of 2026(2) dt.04-02-2026
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(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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