Patna High Court
Ravi Raj @ Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to anticipatory bail, subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Ravi Raj (Rajesh Yadav), sought anticipatory bail fearing arrest in a case registered under Sections 191(2), 191(32), 190 and 103(1) of the B.N.S. The incident involved an accident where Rahul Kumar attempted to help an injured cyclist, was mistakenly assaulted by villagers, and later died, leading to two differing FIRs. The petitioner argued he has a clean record and that the allegations are general and omnibus, citing a prior anticipatory bail granted to a co‑accused. The State opposed the bail. The Court granted anticipatory bail on the condition of furnishing bail bonds and sureties, subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., and warned that the bail could be cancelled if the petitioner fails to cooperate with the investigation.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations under the B.N.S.
- Whether the nature of the allegations (general and omnibus) justifies denial of anticipatory bail
- Whether conditions can be imposed on anticipatory bail and under what circumstances it may be cancelled
Legislation cited
- B.N.S.S. — s. 103(1), 190, 191(2), 191(32), 482(2)
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- FIR
- assault
- death
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6257 of 2026
Arising Out of PS. Case No.-304 Year-2024 Thana- KAKO District- Jehanabad
======================================================
Ravi Raj @ Rajesh Yadav Son of Janak Prasad @ Jhanak Prasad Resident Of
Village- Ghuran Bigha, PS- Kako, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinkar Kumar, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
191(32), 190 and 103(1) of the BNS.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and the informant
alleges that his brother son-in-law, namely, Rahul Kumar was
coming from his village to his in-laws house, when on the way a
vehicle dashed an unknown cyclist and Rahul Kuamr out of
humanity was trying to help him when villager gather and
mistook Rahul Kumar as perpetrator of accident and started
assaulting him. The informant along with Sudhanshu, Himanshu
and Sonu came to the place of occurrence and tried to save
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Rahul Kumar but they were also assaulted, further, Sudhanshu
was confined in an unknown person’s house, but with the help
of police, Sudhanshu was rescued and Rahul was taken to
hospital for treatment. It is next alleges that Lobhi, Vinod,
Niranjan, Bhuneshwar, Nagendra, Rajesh (petitioner), Pintu,
Rohit, Piyush and Vikash along with unknown accused were
involved in the occurrence. Further, Rahul Kumar died during
the course of treatment.
4. Learned counsel for the petitioner submits that on
the date of occurrence another FIR was lodged by one Vinod
Yadav with regard to his son’s accident by a speeding
motorcycle who eventually died and the said motorcycle
belonged to Rahul Kumar. It is further submitted that since son
of Vinod Yadav on account of an accident alleged to have been
committed by Rahul as such villagers gather and might have
assaulted him. It is thus submitted that there is two version of
the same occurrence i.e. is one as narrated in the instant FIR and
the one narrated by Vinod Yadav. It is also submitted that from
perusal of the allegation as alleged in the FIR it would manifest
that allegation of assault is general and omnibus in nature. It is
next submitted that similarly situated co-accused Rohit Kumar
had approached this Court seeking anticipatory bail by filing Cr.
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Misc. No. 68688 of 2025 and the same came to be allowed by
vide order dated 26.09.2025 passed by a coordianate Bench of
this Court. It is further submitted that if privilege of anticipatory
bail is granted the petitioner will cooperate in the investigation
to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. After hearing the learned counsel for the parties, let
the petitioner, above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/Successor Court in connection with Kako P.S. Case
No. 304 of 2024, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation or is not presenting himself as and when required,
the learned trial Court shall be at liberty to cancel the bail bonds
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of the petitioner after recording reasons.
8. Let a copy of this order be sent to the
Superintendent of Police, Jehanabad for his perusal.
(Satyavrat Verma, J)
khushbu/-
U T
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