Patna High Court
Hareram Yadav @ Hareram SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to bond and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Petitioners Hareram Yadav and Vishendra Yadav sought anticipatory bail after being implicated in a case alleging assault, robbery and other offences under the Bharatiya Nyaya Sanhita arising from a dispute over the sale of a cow. They contended they have clean antecedents, that the alleged theft of Rs.1,20,000 was exaggerated, and that the incident was a mutual altercation over price. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the BNSS, including possible cancellation if they fail to cooperate with the investigation. The order directed the trial court to enforce the bail conditions and inform the police.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged under the BNSS.
- Whether the petitioners are likely to flee, tamper with evidence, or obstruct the investigation.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- theft
- cow sale dispute
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87751 of 2025
Arising Out of PS. Case No.-319 Year-2025 Thana- BIHIA District- Bhojpur
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1. Hareram Yadav @ Hareram Singh S/o Lalu Yadav @ Lalu Prasad R/o vill -
Barhar Tola, P.S.- Jagdishpur, Distt.- Bhojpur
2. Vishendra Yadav @ Vishendra Kumar S/o Vijay Yadav @ Vijay Singh R/o
vill - Barhar Tola, P.S.- Jagdishpur, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhat Kumar Singh
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the informant
alleges that he had gone to sell his cow, when accused, Hareram,
came to purchase the cow and asked for the price in which the
informant disclosed the price of the cow as Rs. 75,000/-, but
Hareram wanted to purchase the cow for Rs. 50,000/-, further
when the informant was going back home after selling the cow
he was intercepted by Hareram, Vishendar, Vikash and other
Patna High Court CR. MISC. No.87751 of 2025(2) dt.21-01-2026
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accused persons and they assaulted him and Hareram snatched
Rs. 1,20,000/- from the informant.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that the allegation is partly
true. It is further submitted that the informant had come to sell
his cow and when Hareram (petitioner No. 1) approached him
for purchasing the cow, the deal was finalised and an amount of
Rs. 50,000/- was given to the informant as final price of the
cow, further petitioner no. 1 requested the informant to keep the
cow with himself as he intended to purchase some other articles
also, but when he came back, the petitioner no. 1 came to know
that informant had already sold the cow to someone else for a
higher consideration, which led to a dispute and an altercation
took place in which both sides assaulted each other, but then it is
submitted that allegation of snatching Rs. 1,20,000/- from the
informant has been alleged only to give seriousness to the case.
It is also submitted that petitioners are not criminals rather are
agriculturists. It is next submitted that petitioners will not
abscond rather will co-operate with the police during the
investigation so that the truth comes out.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.87751 of 2025(2) dt.21-01-2026
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anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Bihiya
P.S. Case No. 319 of 2025, subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event, if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioners,
despite giving assurance to this Court, are not cooperating in the
investigation, in that event, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioners.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
(Satyavrat Verma, J)
Sumit/-
U T
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