Patna High Court
Ramesh Yadav @ Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Ramesh Yadav and Pawan Kumar, were implicated in a police case (No. 269 of 2025) for alleged assault and other offences under several sections of the Bharatiya Nyaya Sanhita, 2023. They applied for anticipatory bail, asserting their innocence and noting that the informant was a neighbour. The State opposed the bail application. The Court examined the facts and, considering the circumstances, granted anticipatory bail subject to a bond of Rs.10,000 each with two sureties, under Section 482(2) of the BNSS. The order directs that the bail be released upon arrest or surrender within four weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations constitute a case where bail can be denied under the provisions of the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- offence under sections 126,115,109,303,352,351,3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88737 of 2025
Arising Out of PS. Case No.-269 Year-2025 Thana- PARAIYA District- Gaya
======================================================
1. Ramesh Yadav @ Ramesh Kumar S/o- Arjun Yadav R/v- Punakala Tola
Nunhar Ps- Paraiya Dist- Gaya
2. Pawan Kumar S/o- Arjun Yadav R/v- Punakala Tola Nunhar Ps- Paraiya
Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kumar Sinha
For the Opposite Party/s : Mr. Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Paraiya P.S. Case No. 269 of 2025 registered for offences under
Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim causing simple injuries.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have not committed any
offence. He further submits that the petitioners and the
informant are next door neighbours.
Patna High Court CR. MISC. No.88737 of 2025(2) dt.15-01-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on 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 learned
Chief Judicial Magistrate, Gaya/concerned court below in
connection with Paraiya P.S. Case No. 269 of 2025 subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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