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Patna High Court

Hareram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since the FIR does not specifically allege that the petitioner committed the assault, bail is granted subject to the stipulated conditions.

Summary

Hareram Yadav was arrested on 7 May 2025 in connection with a murder case (Bhorey P.S. Case No. 166/2025) alleged under Sections 103(2), 249(a) and 3(5) of the B.N.S., 2023. He filed a bail petition, claiming a clean antecedent and that the FIR was fabricated and that no specific allegation of assault was made against him. The prosecution opposed bail, noting a pending case against the petitioner but stating he was already on bail in that matter. The Court observed that the FIR contains only a general allegation against all accused and does not specifically attribute the knife assault to the petitioner. Consequently, the Court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S., 2023.
  • Whether the FIR contains a specific allegation of assault against the petitioner that would justify denial of bail.
  • Whether the petitioner’s prior criminal antecedent or pending cases affect the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • false implication
  • conditions of bail
  • criminal antecedent
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82914 of 2025
                       Arising Out of PS. Case No.-166 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
                 Hareram Yadav S/o Bunel Yadav R/o Village- Damkiya, P.S- Bhorey, Dist-
                 Gopalganj
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhimanyu Deo, Advocate
                 For the Opposite Party/s :        Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   10-03-2026                  Heard Mr. Abhimanyu Deo, learned counsel for the

                   petitioner and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail, who is in custody since

                   07.05.2025 in connection with Bhorey P.S. Case No. 166 of

                   2025, F.I.R. dated 07.05.2025 for the offences punishable under

                   Sections 103(2), 249(a) and 3(5) of the B.N.S., 2023.

                                3. According to prosecution case, petitioner along

                   with other co-accused persons are alleged to have killed the son

                   of the informant with knife.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   F.I.R is false and fabricated and the petitioner has not committed

                   any offence as alleged in the F.I.R. The present case is counter-

                   blast of Bhorey P.S. Case No. 167/2025 lodged by the
Patna High Court CR. MISC. No.82914 of 2025(3) dt.10-03-2026
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          petitioner's side against the informant. From bare perusal of the

          FIR, it appears that there is no specific allegation of any assault

          or overt act attributed against the petitioner rather there is

          general and omnibus allegation against all the accused persons

          including the petitioner. Although the postmortem report

          suggests that the victim has received only two injuries but in the

          FIR the allegation is that three persons have assaulted the victim

          with knife. There is no record in the finding that who has

          assaulted the victim. The petitioner is in custody since

          07.05.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner and submits that the

          petitioner carries one more case other than the present one but

          he fairly submits that the petitioner is on bail in the said case as

          mentioned in Paragraph 4 of the supplementary affidavit.

                       6. Considering the aforesaid facts and circumstances

          of the case and there is no specific allegation of any assault or

          overt act attributed against the petitioner to assault the victim

          with knife, 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 the

          court of learned S.D.J.M., Gopalganj, in connection with
            Patna High Court CR. MISC. No.82914 of 2025(3) dt.10-03-2026
                                                        3/3




                      Bhorey P.S. Case No. 166 of 2025, subject to 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 absence on two consecutive dates without sufficient

                      reason, his 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

                      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)

Ranjeet/-
U       T


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