Patna High Court
Rudal Yadav @ Rudhal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the petitioner’s clean antecedent and the apparent post‑mortem filing of a false FIR, bail should be granted.
Summary
The petitioner, Rudal Yadav, was arrested on 16 June 2025 in connection with a case of assault and murder arising from a land dispute, alleged under several sections of the Bihar Penal Code. He sought bail, claiming a clean antecedent and that the FIR was lodged after the post‑mortem, suggesting a false implication by the informant. The prosecution opposed bail, citing the seriousness of the offences. The court noted that the FIR was filed after the inquest and post‑mortem, and that the inquest report did not substantiate the petitioner’s involvement, while also observing that co‑accused had been granted bail. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to standard conditions. The bail order emphasized cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bihar Penal Code.
- Whether the FIR, filed after the post‑mortem, can be considered a false implication warranting bail.
Subjects
- bail
- false FIR
- clean antecedent
- assault
- murder
- criminal procedure
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82827 of 2025
Arising Out of PS. Case No.-304 Year-2024 Thana- SURYAGARHA District- Lakhisarai
======================================================
Rudal Yadav @ Rudhal Yadav S/o Upendra Yadav R/o Village- Khemtarni
Asthan, P.S- Surajgarha, Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Shanker Singh, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr.Abhay Shanker Singh, learned counsel for
the petitioner and Mr.Raj Ballabh Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
16.06.2025 in connection with Surajgarha P.S. Case No. 304 of
2024, F.I.R. dated 02.11.2024 registered for the offence
punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),
118(1), 109(1), 329(3), 103(1), 352 of BNS.
3. Allegation against the petitioner is that he
alongwith co-accused person, namely, Sintu Kumar badly
assaulted the informant and his brother and due to which the
informant’s brother died.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
Patna High Court CR. MISC. No.82827 of 2025(3) dt.25-03-2026
2/4
the FIR itself that due to some previous land dispute the present
occurrence had taken place and there is a number of cases
pending between the parties. Although the petitioner is named in
the FIR and there is specific allegation against the petitioner that
he also assaulted to the deceased by means of iron rod and
postmortem report also supports the same but the learned
counsel for the petitioner submits that the date of occurrence as
alleged in the FIR is 01.11.2024 at about 3.45 PM and inquest
report was prepared on 01.11.2024 on the same day and
postmortem was conducted on 01.11.2024 i.e. the date of
occurrence at about 10.05. PM but the present FIR has been
instituted on 02.11.2024 at 04.15 PM afterthought only to
falsely implicate the entire family members of the petitioner.
Further submits that the co-accused persons, namely, Upendra
Yadav and Ballabh Yadav have been granted bail by a
Coordinate Bench of this Hon’ble Court vide order dated
16.07.2025 passed in Cr. Misc. No.42804 of 2025. The police,
after investigation, submitted the chargesheet against the
petitioner and the petitioner is in custody since 16.06.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
Patna High Court CR. MISC. No.82827 of 2025(3) dt.25-03-2026
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antecedent, the FIR has been instituted after conducing the
postmortem which suggests that the informant afterthought has
lodged the present FIR only to falsly implicate the petitioner in
the present case, apart from that, the inquest report does not
support that the petitioner has committed the present crime in
question, let the petitioner, above named, 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 learned
C.J.M., Lakhisarai in connection with Surajgarha P.S. Case No.
304 of 2024, with the following conditions:-
(I) 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) 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 antecedent, the court below shall take step for
Patna High Court CR. MISC. No.82827 of 2025(3) dt.25-03-2026
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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.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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