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Patna High Court

Ramesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions under Section 482(2) of the B.N.S.S., 2023.

Summary

Ramesh Yadav petitioned the Patna High Court for bail in a criminal case (Narpatganj P.S. Case No.101 of 2025) involving offences under Sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the B.N.S., 2023, arising from a land‑dispute altercation that caused injuries. The petitioner claimed he was falsely implicated, asserted that both parties were agnates and that a counter‑case (Case No.108 of 2025) existed, and noted he had not previously applied for anticipatory or regular bail. The State opposed the bail, highlighting the seriousness of the charges and the petitioner’s involvement in two other cases. The Court, after considering the facts and the counter‑case, granted bail on the condition that the petitioner surrender within eight weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 482(2) of the B.N.S.S., 2023, including cancellation of bail if undisclosed criminal antecedents are discovered. The order was pronounced by Justice Jitendra Kumar.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and his involvement in other cases
  • Whether the conditions under Section 482(2) of the B.N.S.S., 2023 are applicable to this bail application

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 126(2), 3(5), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • bail
  • land dispute
  • criminal offences
  • Section 482
  • counter case
  • Patna High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76492 of 2025
                     Arising Out of PS. Case No.-101 Year-2025 Thana- NARPATGANJ District- Araria
                 ======================================================
                 Ramesh Yadav, Son of Sri Haldhar Yadav, R/o Village- Simarahi Mirdaul,
                 Ward No. 12, P.S.- Narpatganj, District- Araria.

                                                                                   ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Mritunjay Kumar, Advocate
                 For the State           :        Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

4   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Narpatganj P.S. Case No.101 of 2025, dated

                   23.03.2025, registered for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 109, 352, 3(5) of the B.N.S.,

                   2023.

                                3. As per allegation, on account of land dispute,

                   altercation took place in which injury has been received by the

                   victims.

                                4. Learned counsel for the petitioner submits that the

                   Petitioner is innocent and has falsely been implicated in this

                   case. He further submits that as a matter of fact, both the sides

                   are agnates and the occurrence took place on account of land
Patna High Court CR. MISC. No.76492 of 2025(4) dt.23-02-2026
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          dispute and both the sides got injury leading to case and counter

          case. The counter case lodged by the Petitioner’s side is

          Narpatganj P.S. Case No.108 of 2025.

                       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 been made accused in two

          other cases.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the case and counter case and injury on

          both the sides, 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 Narpatganj P.S. Case No.101 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.76492 of 2025(4) dt.23-02-2026
                                                        3/3




                                   (i) In case, it is brought to the notice of the court

                      below that the petitioner has any criminal antecedents, other

                      than the disclosed one, 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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