Patna High Court
Ram Abtar Yadav @ Ramotar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Ram Abtar Yadav and Shyam Yadav, sought anticipatory bail in connection with a 1995 case (PS No. 81) alleging offences under Sections 498A, 302, 201 and 304(B) of the IPC for assaulting an informant's sister over a cattle dispute. They contended that they were innocent co‑villagers of the main accused and had clean antecedents. The State opposed the bail, arguing the seriousness of the allegations. The Court, noting the general and omnibus nature of the accusations and the petitioners' peripheral involvement, allowed the anticipatory bail application. The bail was conditioned on a bond of Rs. 10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482 of the BNSS, to be executed before the Sub‑Divisional Judicial Magistrate within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the IPC.
- Whether the petitioners' status as co‑villagers and lack of prior record justify bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482
- IPC offences
- co‑accused
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87826 of 2025
Arising Out of PS. Case No.-81 Year-1995 Thana- ANDHRATHARHI District- Madhubani
======================================================
1. Ram Abtar Yadav @ Ramotar Yadav S/O Late Thakan Yadav R/O Village-
Rahi Tola Harari, P.S- Rudrapur, Distt.- Madhubani.
2. Shyam Yadav S/O Late Bholi Yadav R/O Village- Rahi Tola Harari, P.S-
Rudrapur, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 18-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehends their arrest in
connection with Andhrathari P.S. Case No. 81 of 1995 registered
for the offence under Sections 498A, 302, 201, 304(B) of the
Indian Penal Code.
3. As per the prosecution case, petitioners along with
other accused persons are alleged to have assaulted the
informant’s sister due to non-fulfillment of demand of one cow
and buffalo.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and they have falsely
Patna High Court CR. MISC. No.87826 of 2025(5) dt.18-02-2026
2/2
been implicated in this case. It is next submitted that petitioners
are only co-villagers of the main accused. Petitioners have clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the general and omnibus nature of
allegations levelled against the petitioners and the fact that the
petitioners are only co-villagers of the main accused, this
application is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Sub-
Divisional Judicial Magistrate, Jhanjharpur (Madhubani) /
concerned Court below in connection with Andhrathari P.S.
Case No. 81 of 1995, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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