Patna High Court
Raj Lal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Raj Lal Yadav was arrested on 4 September 2025 in connection with a 2015 case involving offences under Sections 147, 148, 379, 323, 324, 307, 447 and 504 of the Indian Penal Code, alleged to have assaulted the son of an informant with a bhala during a land dispute. The petitioner claimed a clean antecedent, false implication, and pointed out that a co‑accused had earlier been granted anticipatory bail by a coordinate bench of the same court. The State opposed the bail application. The court, after considering the petitioner’s clean record, the land‑dispute context, and the precedent of anticipatory bail to the co‑accused, ordered the release of the petitioner on bail of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents. The bail bond was to be accepted without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the petitioner’s clean antecedent and the land‑dispute motive justify granting bail.
- Whether the grant of anticipatory bail to a co‑accused influences the decision on the petitioner’s bail.
Legislation cited
- Indian Penal Code — s. 147, 148, 307, 323, 324, 379, 447, 504
Subjects
- bail
- anticipatory bail
- IPC offences
- land dispute
- assault
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81636 of 2025
Arising Out of PS. Case No.-122 Year-2015 Thana- PHULPARAS District- Madhubani
======================================================
Raj Lal Yadav S/O Late Jugut Yadav R/O Village- Mahuliya, P.S- Phulparas,
Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate
For the State : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 31-01-2026 Heard Mr. Lakshmindra Kumar Yadav, learned
counsel for the petitioner and Mr. Umanath Mishra, learned APP
for the State.
2. Petitioner seeks bail, who is in custody since
04.09.2025, in connection with Phulparas P.S. Case No. 122 of
2015, G.R. No. 612 of 2015 F.I.R. dated 24.04.2015 registered
for the offences punishable under Sections 147, 148, 379, 323,
324, 307, 447 and 504 of the Indian Penal Code.
3. Allegation against the petitioner is that he along
with other co-accused persons have assaulted the son of the
informant by means of Bhala as a result of which he sustained
injuries.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. It appears from the F.I.R. itself
Patna High Court CR. MISC. No.81636 of 2025(4) dt.31-01-2026
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that due to admitted land dispute the present occurrene had
taken place and there was no intention to kill any one and there
is specific allegation that he has assaulted to the son of the
informant by means of Bhala and although the informant has
received abdominal injury but the final injury report has not
come as yet. He further submits that co-accused person namely
Brahmdeo Yadav has been granted the privilege of anticipatory
bail by a Coordinate Bench of this Court vide order dated
25.04.2018 passed in Acr. Misc. No. 20515 of 2018 and the
police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 04.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
present occurrence had taken place due to admitted land dispute
and co-accused person has been granted the privilege of
anticipatory bail by a Coordinate Bench of this Court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned A.C.J.M.-
Patna High Court CR. MISC. No.81636 of 2025(4) dt.31-01-2026
3/3
II, Jhanjharpur, Madhubani in connection with Phulparas P.S.
Case No. 122 of 2015, G.R. No. 612 of 2015, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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