Patna High Court
Rajaram YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioner Rajaram Yadav sought anticipatory bail after an FIR alleged that he assaulted an informant with an iron rod, causing head injury, and stole her gold earrings. The prosecution charged him under multiple sections of the Bharatiya Nagarik Suraksha Sanhita and Section 27 of the Arms Act. The petitioner contended that the FIR was false, filed as a retaliatory move following his own complaint against the informant’s family, and argued that the injury was not grievous. He also highlighted his lack of prior convictions and offered cooperation with the investigation. The court, after hearing both sides, granted anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with Section 482(2) of the B.N.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and the charges framed.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(1), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- theft
- false implication
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88374 of 2025
Arising Out of PS. Case No.-191 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Rajaram Yadav Son of Late Govind Yadav Resident of Village-
Kumharchakki, P.S.- Muffasil, Dist.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case instituted
under Sections 126(2), 115(2), 118(1), 352, 351(1), 351(2),
303(2), 109(1), 3(5) of B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, the F.I.R. named accused
persons including petitioner armed with deadly weapons
surrounded the informant and started abusing her. Petitioner is
alleged to have assaulted the informant with iron rod due to
which she sustained head injury. It is further alleged that
petitioner took away gold ear-rings from the informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.88374 of 2025(2) dt.09-01-2026
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petitioner is innocent and has falsely been implicated in this
case. The F.I.R. has been lodged after two days without any
plausible explanation. The present case is a counter blast of
Khagaria (Muffasil) P.S. Case No.44 of 2025 dated 20.03.2025
lodged by the petitioner against the father and other family
members of informant. There is no specific allegation of
repeated blow against the petitioner. The allegation of taking
away gold ear-rings of informant is ornamental. The petitioner
has one criminal antecedent which is of complaint case in which
cognizance has not been taken till date. It appears that from
perusal of the injury report of the injured, the injury caused by
hard and blunt substance is not grievous in nature. Petitioner
undertakes to cooperate in the investigation and the 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
submissions of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioner 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 learned concerned court in
connection with Sahebpur Kamal P.S. Case No.191 of 2025
Patna High Court CR. MISC. No.88374 of 2025(2) dt.09-01-2026
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subject to the conditions as laid down under Section 482 (2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
harish/-
U T
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