Patna High Court
Ramvilas YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail is granted to the petitioners subject to bond and surety conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Ramvilas Yadav and Raju Ranjan Kumar, applied for anticipatory bail fearing arrest in a case (PS No. 253 of 2025) alleging assault and other offences under several sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.). The prosecution alleged that the petitioners, along with other accused, attacked an informant in a field, causing injuries. The petitioners contended they were falsely implicated due to a land dispute and asserted their innocence, noting one had a prior criminal record while the other had none, and offered to cooperate with the investigation. The State opposed the bail. The Court, after considering the facts and submissions, ordered that if the petitioners are arrested or surrender within six weeks, they be released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023
- Whether the nature of the alleged offences and the petitioners' antecedents justify denial of bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- assault
- land dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88075 of 2025
Arising Out of PS. Case No.-253 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
1. Ramvilas Yadav Son of Late Sunesar Yadav @ Suneshwar Yadav R/o
Village - Manpura, Post - Dumra, P.S.- Haspura, Dist. - Aurangabad, Bihar,
824120.
2. Raju Ranjan Kumar @ Ranjan Kumar Son of Late Bisram Singh Yadav @
Vishram Yadav R/o Village - Manpura, Post - Dumra, P.S.- Haspura, Dist. -
Aurangabad, Bihar, 824120.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Haspura P.S. Case No. 253 of 2025, instituted under
Sections 126(2), 115(2), 303(2), 109(1), 352, 351(2), 3(5) of the
B.N.S.
3. As per the prosecution case, on the date of
occurrence petitioners along with F.I.R. named accused persons
and 2-3 unknown persons armed with weapons surrounded the
informant while he was going for walk in Khagdi field. The
accused persons brutally assaulted the informant causing him
injury on his head, chest, back etc.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.88075 of 2025(2) dt.12-01-2026
2/2
petitioners are innocent and have falsely been implicated in this
case. There is previous enmity between the parties due to
division of land. Both parties are agnates. Injury to the injured is
simple in nature. Due to previous case lodged by the petitioners,
this case has been filed. Petitioner No. 1 has one criminal
antecedent whereas Petitioner No. 2 has no criminal antecedent.
They undertake to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned J.M.F.C., Daudnagar, Aurangabad in connection with
Haspura P.S. Case No. 253 of 2025, subject to the conditions
laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha
Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…