Patna High Court
Ram Pravesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petitioners' application for anticipatory bail.
Summary
The petitioners, Ram Pravesh Yadav, Karelal Yadav and Rakesh Kumar Sinha, sought anticipatory bail fearing arrest in connection with PS Case No.86 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged their involvement in a conspiracy to murder the deceased by hiring criminals, but admitted that no material evidence had been collected against them during investigation. The petitioners contended that they were innocent and that the case was based solely on suspicion. The State opposed the bail application, arguing that the charges were serious. After considering the lack of substantive evidence and the submissions of both parties, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S., and clarified that its observations were prima facie and not a determination on the merits.
Issues considered
- Whether anticipatory bail should be granted in the absence of material evidence against the petitioners.
- Whether the petitioners are likely to tamper with evidence or flee if released on bail.
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 126(2), 3(5), 482(2), 61(2)
Subjects
- anticipatory bail
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- murder
- conspiracy
- lack of evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77143 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria
======================================================
1. Ram Pravesh Yadav S/o Muso Yadav R/o vill - Ranko, P.s.- Mufassil, Distt.-
Khagaria
2. Karelal Yadav S/o Muso Yadav R/o vill - Ranko, P.s.- Mufassil, Distt.-
Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 74371 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria
======================================================
Rakesh Kumar Sinha @ Rakesh Kumar S/O Late Awadhesh Prasad Sinha
Resident of Adarsh Nagar, Sanhauli, P.S- Chitrgupt Nagar, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 77143 of 2025)
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan
(In CRIMINAL MISCELLANEOUS No. 74371 of 2025)
For the Petitioner/s : Mr. Vikramadit
For the Opposite Party/s : Mr. Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 05-05-2026 Cr. Miscellaneous No. 77143 of 2025
Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehends their arrest in
connection with Chitragupta Nagar P.S. Case No. 86 of 2025,
Patna High Court CR. MISC. No.77143 of 2025(5) dt.05-05-2026
2/3
registered for offences under Sections 126(2), 118(1), 109,
61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 27 of the Arms Act. Later on Sections 25(1-B)A, 26,
and 35 of the Arms Act were also added.
3. As per prosecution case, though the petitioners are
accused of participating in killing of the deceased. But except
suspicion there is no material against the petitioner collected
during the investigation. During investigation it has come that
petitioners have killed the deceased under conspiracy by hiring
criminals for money. But there is no role assigned to the
petitioner.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have not committed any
offence.
5. Learned APP for the State has vehemently opposes
the prayer for bail.
6. Considering the facts and circumstances of the case
and submission of the parties, this application for grant of
privilege of anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of arrest or surrender within four weeks from today in
Patna High Court CR. MISC. No.77143 of 2025(5) dt.05-05-2026
3/3
the Court below, 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 learned
Chief Judicial Magistrate, Khagaria/successor Court in
connection with Chitragupta Nagar P.S. Case No. 86 of 2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
Cr. Miscellaneous No. 74371 of 2025
9. As prayed for, list this case on 06.05.2026.
(Sandeep Kumar, J)
Ranjeet/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.