Patna High Court
Ram Ratan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Ram Ratan Yadav, applied for regular bail in a case registered under the Bharatiya Nyaya Sanhita for offences including murder, assault and related charges. The prosecution alleged that the petitioner, along with others, assaulted an informant and his brother, resulting in the brother's death. The petitioner contended that the specific allegation against him – striking the deceased's hand with a danda – was contradicted by the post‑mortem report, which showed no injury on the hand, and he highlighted his clean antecedent and the length of his custody since April 2025. The State opposed bail, but the court considered the nature of the accusation, the post‑mortem findings, the petitioner’s clean record, and the period of detention. The court allowed the bail application, directing the petitioner to be released upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioner accused of offences under the Bharatiya Nyaya Sanhita in view of the nature of the allegations, post‑mortem report, clean antecedent and period of custody
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 115(2), 118(2), 190, 191(2), 191(3), 351(3), 61(2)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- clean antecedent
- post‑mortem report
- murder
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5076 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Ram Ratan Yadav Son of Bahadur Yadav R/o Village - Sitapatti, Mahindwar,
P.S. - Phulparas, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 10-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Phulparas P. S. Case No. 173 of 2025 registered for the offences
punishable under Sections 191(2), 191(3), 190, 115(2), 118(2),
103(1), 61(2), 351(3) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, all the F.I.R. named
accused persons, including this petitioner and 10-15 unknown
persons came at the field of informant and brutally assaulted
him and his brother by means of tengari, dabiya, iron rod,
kulhadi, etc. as a result of which both of them sustained multiple
injuries and later on, brother of the informant succumbed to the
injuries.
4. Learned counsel for the petitioner submits that as
Patna High Court CR. MISC. No.5076 of 2026(4) dt.10-04-2026
2/2
per F.I.R., this petitioner is alleged to have hit on the hand of
deceased with dabiya but as per post-mortem report there was
no injury on the hand of deceased which itself falsifies the
allegation levelled against the petitioner. Petitioner claims clean
antecedent and is in custody since 21.04.2025. Charge-sheet has
already been submitted.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, post-mortem
report, clean antecedent and period of custody, this bail
application is allowed. The petitioner, above named, is directed
to be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to the
satisfaction of the learned District & Additional Sessions Judge-
II, Jhanjharpur, Madhubani in connection with Sessions Trial
No. 164 of 2025 arising out of Phulparas P. S. Case No. 173 of
2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…