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Patna High Court

Raj Lal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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