Created by Fuzzy Cloud

Patna High Court

Ramchandrar Yadav @ Ramchandra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • B.N.S. — s. 109(1), 115(2), 118(1), 190, 191(2), 303(2), 329(3), 351(2), 352
  • B.N.S.S. — s. 482(2)

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
                                            2/3




          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
                                                        3/3




                                   (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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.