Patna High Court
Balram Yadav @ Balram RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(20), 126(2), 303(2), 3(5), 351(20), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
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
2/3
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
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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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