Patna High Court
Ramashish Yadav @ Ashish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
Ramashish Yadav applied for regular bail in a case (Kawakol P.S. Case No. 456 of 2024) involving offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and homicide. An earlier anticipatory bail application had been rejected. The prosecution alleged that the accused, including the petitioner, assaulted an informant and his father with an iron rod, causing the father's death and injuries to three others. The petitioner contended he was falsely implicated, had no prior criminal record, and that specific assault allegations were directed at co‑accused only. The State and the informant opposed bail. Considering the lack of specific allegations against the petitioner, his clean record, and the period already spent in custody, the Court decided to grant bail on condition of a cash bond and sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the rejection of anticipatory bail
- Whether the charges specifically implicate the petitioner in the assault and homicide
- Whether the petitioner’s custody period and clean record justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 117(2), 117(3), 118(2), 126(2), 190, 191(2), 191(3)
Subjects
- bail
- anticipatory bail
- criminal procedure
- assault
- homicide
- Bharatiya Nyaya Sanhita
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85414 of 2025
Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada
======================================================
Ramashish Yadav @ Ashish Yadav Son of Munshi Yadav R/O Vill-
Karmatand, P.S.- Kawakole, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mirityunjay Kumar, Advocate
Mr. Brajesh Sahay, Advocate
For the Opposite Party/s : Mrs. Anita Kumari, APP
For the Informant : Mr. Thakur Brajesh Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 13-02-2026 Heard learned counsel for the petitioner, learned
APP for the State, learned counsel for the informant and perused
the case diary.
2. The petitioner seeks bail in connection with
Kawakol P.S. Case No. 456 of 2024, instituted for the offences
punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),
117(2), 117(3), 118(2), 109, 103(1) of the Bharatiya Nyaya
Sanhita, 2023.
3. Earlier, anticipatory bail of the petitioner has been
rejected by this Court vide order dated 25.07.2025 passed in Cr.
Misc. No. 51720 of 2025 respectively.
4. The prosecution case, in short, is that all the FIR
named accused persons assaulted informant and his father by
Patna High Court CR. MISC. No.85414 of 2025(4) dt.13-02-2026
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means of iron rod, as a result of which father of the informant
died and three persons were left injured.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submits that the
allegation levelled against the petitioner is general and omnibus
in nature. No specific allegation of assault has been attributed
against the petitioner, rather specific allegation of assault is
levelled against co-accused, namely, Prithvi and Satyendra. The
petitioner is in custody since 31.07.2025 and has got no criminal
antecedent. Learned counsel for the petitioner further submits
that other co-accused has been granted regular bail by this Court
vide order dated 27.06.2025 passed in Cr. Misc. No. 13597 of
2025.
6. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
Patna High Court CR. MISC. No.85414 of 2025(4) dt.13-02-2026
3/3
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kawakol P.S. Case
No. 456 of 2024
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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