Patna High Court
Hareram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 103(2), 249(a), 3(5)
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
2/3
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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