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Patna High Court

Balram Yadav @ Balram RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, granting it with specified conditions.

Summary

Balram Yadav sought anticipatory bail fearing arrest in a case (PS No.174 of 2025) alleging assault and robbery under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner was linked to the assault of an informant and theft of a mobile phone, while the petitioner contended he was not named in the FIR, was only a friend of an accused, and no identification parade or incriminating material had been produced. He also argued that the alleged victims were intoxicated and no assault occurred. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., including surety bonds, presence in court, and verification of criminal antecedents. The order clarified that any observations made would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC read with Section 482 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s alleged involvement and the lack of identification parade justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • bail conditions
  • identification parade
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91867 of 2025
                 Arising Out of PS. Case No.-174 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Balram Yadav @ Balram Raj S/o Shri Yadav @ Sri Yadav R/o Village -
                 Gondapur, P.S - Nawada, District – Nawada
                                                                   ... ... Petitioner/s

                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :      Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   23-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Muffasil P.S. Case No. 174 of 2025 registered for the offences

                   under Sections 126(2), 115(20, 352, 351(20, 303(2), 109, 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the allegation against the

                   petitioner is that the named accused persons and others have

                   assaulted the informant and his friend while they were going on a

                   motorcycle and had also looted the mobile phone.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this case.

                   It has further been submitted that he is not named in the FIR and

                   during the course of the investigation, his name has surfaced as a
Patna High Court CR. MISC. No.91867 of 2025(3) dt.23-02-2026
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          friend of the named accused, Rajindra Prasad. It has next been

          submitted that till date no test identification parade has been

          conducted in order to ascertain the identity of the petitioner and no

          incriminating article whatsoever has been recovered. It has also

          been submitted that from perusal of the case diary, it would be

          evident that the informant and others were in an inebriated

          condition, and it was noticed that they had fallen down from the

          motorcycle and no such incident of assault had taken place. It has

          lastly been submitted that the petitioner has one criminal case

          against his name.

                       5. Learned APP for the State has opposed the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below within

          a period of four weeks from today, on furnishing bail bonds of

          Rs.10,000/-(ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned Court below where the case

          is pending/successor court in connection with Muffasil P.S. Case

          No. 174 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of B.N.S.S. as well as subject to the
              Patna High Court CR. MISC. No.91867 of 2025(3) dt.23-02-2026
                                                          3/3




                        following conditions:-

                                        (i) One of the bailors of the petitioner shall be his close
                                        relative.
                                        (ii) The petitioner shall remain physically present in
                                        Court on each date of the trial.
                                        (iii) In case of absence on two consecutive dates, or in
                                        violation of the terms of the bail, the bail bond of the
                                        petitioner will be liable to be cancelled by the Court
                                        concerned.
                                        (iv) If the petitioner is found involved in similar nature
                                        of offence in future, the prosecution shall be at liberty
                                        to move for cancellation of his bail bond.
                                        (v) The learned Court below shall verify the criminal
                                        antecedent of the petitioner and in case at any stage it is
                                        found that the petitioner has concealed his criminal
                                        antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioner. However, the
                                        acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.


                                                 (Sourendra Pandey, J)
manoj/-

U         T


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