Patna High Court
Ramjanam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the nature of the accusation, the petitioner's clean antecedent and the length of custody, regular bail should be granted.
Summary
The petitioner, Ramjanam Yadav, applied for regular bail in a case registered under Sections 103(1), 61(2) and 238 of the Bharatiya Nyaya Sanhita concerning the death of the informant's son. The prosecution alleged that co‑accused Nawal Yadav abducted the deceased under the pretext of buying land, leading to his death. The petitioner claimed innocence, a clean antecedent, and highlighted that co‑accused Nawal Yadav had already been granted bail. The informant opposed bail, arguing that the trial was nearing conclusion with most witnesses examined. The court, considering the nature of the accusation, the petitioner's clean record and the period of custody, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 103(1), 61(2) and 238 of the Bharatiya Nyaya Sanhita.
- Whether the stage of the trial and examination of witnesses preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 238, 61(2)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- clean antecedent
- stage of trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7330 of 2026
Arising Out of PS. Case No.-389 Year-2024 Thana- PUNPUN District- Patna
======================================================
Ramjanam Yadav S/o Late Ramkrit Yadav R/o Village - Maksudpur, P.S -
Pipra, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
For the Informant : Mr. Amrit Lal, Ms. Vaishnavi Kashyap, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Punpun P. S. Case No. 389 of 2024 registered for the offences
punishable under Sections 103(1), 61(2), 238 of the Bharatiya
Nyaya Sanhita.
3. As per prosecution case, co-accused Nawal Yadav
took the son of informant with him on pretext of purchasing
land and on next day, dead body of the son of informant was
found near railway track.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Co-accused
Nawal Yadav, who, allegedly, took the deceased with him has
Patna High Court CR. MISC. No.7330 of 2026(2) dt.16-02-2026
2/2
already been granted regular bail by this court vide order dated
10.11.2025 passed in Cr. Misc. No. 61737 of 2025. Petitioner
claims clean antecedent and is in custody since 24.12.2024.
5. Learned counsel for the informant vehemently
opposed the bail application and submitted that trial in on the
verge of conclusion and till now, all the witnesses have been
examined except the doctor.
6. Considering the nature of accusation, 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 Additional Sessions Judge-I, Masaurhi, Patna in
connection with Punpun P. S. Case No. 389 of 2024.
(Prabhat Kumar Singh, J)
Navya/-
U T
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