Patna High Court
Raman Yadav @ Ramanand Kumar @ Ramnandan Kumar @ Ramnand KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, a group of individuals from Sheikhpura, were charged under multiple sections of the B.N.S. and Section 27 of the Arms Act for allegedly assaulting the husband of an informant with deadly weapons, causing injuries. The prosecution alleged that the accused used lathis and a khanti, resulting in fractures and other injuries. The petitioners argued they were innocent, contending that the medical injury report did not corroborate the alleged injuries, particularly noting that the right leg was not fractured as claimed. The State and the informant opposed bail, asserting that the accused caused seven injuries. After hearing both sides, the Patna High Court found the evidence insufficient to deny bail and ordered the petitioners released on regular bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail despite the serious nature of the offences alleged under the B.N.S. and the Arms Act.
- Whether the medical injury report sufficiently corroborates the prosecution's allegations of grievous injuries.
Legislation cited
Subjects
- regular bail
- bail
- assault
- Arms Act
- injury report
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89261 of 2025
Arising Out of PS. Case No.-388 Year-2024 Thana- SHEKHPURA District- Sheikhpura
======================================================
1. Raman Yadav @ Ramanand Kumar @ Ramnandan Kumar @ Ramnand
Kumar S/o- Naresh Yadav Resident of Kare P.S- Sheikhpura, Dist-
Sheikhpura
2. Uday Yadav S/o- Nawal Yadav Resident of Kare P.S- Sheikhpura, Dist-
Sheikhpura
3. Nawneet Kumar @ Divesh Kumar @ Dibbu Yadav @ Dipesh Yadav @
Dibbu @ Dipesh Kumar S/o- Rajendra Yadav @ Rajendra Prasad Yadav @
Rajenddra Prasad Yadav Resident of Kare P.S- Sheikhpura, Dist- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr .Pratik Mishra, Advocate
For the State : Mr. Sanjay Kumar Pandey, APP
For the Informant : Mr. S.R. Haque, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 329(3),
126(2), 115(2), 118(1), 117(2), 109, 352, 351(2) and 3(5) of
B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioners
and others armed with deadly weapon assaulted the informant’s
husband brutally. Specific allegation against the petitioner
Divesh @ Dibbu that he has assaulted with khanti in right leg
Patna High Court CR. MISC. No.89261 of 2025(2) dt.22-01-2026
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of the informant’s husband due to which his right leg was
fractured. Petitioner Raman Yadav assaulted with lathi on his
back and petitioner Uday Yadav also assaulted him with lathi on
his back.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that as far as
allegation against Raman Yadav and Uday Yadav is concerned,
from perusal of the injury report, it will transpire that the doctor
has not found any injury on the back of the injured, as such, the
allegation against Raman and Uday does not get corroborated
with the injury report. As far as petitioner Divesh is concerned,
there is allegation that he has assaulted with khanti on the right
leg of the injured and the injury report goes to show that the
injured has lacerated wound of 2’’ x 0.5’’ x 0.5’’ but as far as the
allegation is that his right leg was fractured, does not get
correlated as from the injury report, it is clear that left leg was
fractured. The doctor has opined that right forearm fracture
shaft of radius, right elbow fracture shaft of radius and X-ray
left leg fracture of distal part of tibia and fibula. This goes to
show that right leg was not fractured. Learned counsel has
further submitted that the injury caused by the petitioner on
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right leg of the injured is not of grievous nature. Moreover, the
petitioners are languishing in judicial custody since 08.10.2025.
5. Learned APP appearing for the state and learned
counsel for the informant have opposed the prayer of regular
bail. Learned counsel for the informant has submitted that the
accused persons have caused seven injuries on the person of
Manu Yadav the husband of the informant and petitioners are
assailant.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Sheikhpura P.S. Case No. 388 of 2024 on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Sheikhpura.
(Ashok Kumar Pandey, J)
lata/-
U T
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