Rambali Yadav @ Ramvali Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37937 of 2026 Arising Out of PS. Case No.-28 Year-2026 Thana- KHUDAGANJ District- Nalanda ====================================================== 1.
Rambali Yadav @ Ramvali Yadav S/o Late Ramdeo Yadav Resident of Village - Imadpur, P.S. - Khudaganj, District - Nalanda 2.
Ravish Kumar @ Ravish S/o Rambali Yadav Resident of Village - Imadpur, P.S. - Khudaganj, District - Nalanda 3.
Karu Yadav S/o Late Ramdeo Yadav Resident of Village - Imadpur, P.S. - Khudaganj, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyamal Prakash, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-06-2026 Heard learned Counsel for the petitioners and learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Khudaganj P.S. Case No. 28 of 2026, lodged on 06.02.2026, under Sections 191(2), 190, 126(2), 115(2), 117(2), 109, 326(f), 303(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
2/4 six named accused persons including the present petitioners. In the FIR, specific allegation against petitioner No. 1 is that he has assaulted the informant, against petitioner No. 2 that he has assaulted Gajendra Yadav, the nephew of the informant, and against Petitioner No. 3 that he has assaulted the brother of the informant.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that both are resident of same village and on pity village politics the scuffling took place between the family of the informant and petitioners. Counsel submits that antecedent of Petitioner Nos. 1 and 3 are not clean, there are two criminal cases pending against them in which they are on bail. Against Petitioner No. 2 there is only one criminal case pending. Learned Counsel for petitioners further submits that they are ready to fulfill all conditions whatsoever shall be imposed upon them.
5. Learned Counsel for informant vehemently opposes the prayer for bail and submits that the statement made in Paragraph 3 that against petitioner Nos. 1 and 3 there are two criminal cases is false, actually there are three criminal cases pending against them. He further submits that against petitioner
3/4 No. 2, there are two criminal cases pending. He also submits that it has been observed by the Sessions Court at the time of rejection that the injury on the Gajendra Kumar caused by petitioner No. 2 is grievous in nature. He submits that the petitioners have not come before this Court with clean hand.
6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that in the order sheet of the rejection order the indication is there the injury found on the injured Gajendra Kumar is grievous in nature.
7. Considering the nature of allegation against petitioner No.2 Ravish Kumar, this Court is not inclined to grant anticipatory bail to him. Hence, his prayer for anticipatory bail is hereby refused.
8. So far as petitioner Nos.1 and 3 are concerned, in the present facts and circumstances of this case, let petitioner Nos.1 Rambali Yadav @ Ramvali Yadav and petitioner No.3 Karu Yadav be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Additional Chief Judicial Magistrate-I, Hilsa, Nalanda, in
4/4 connection with Khudaganj P.S. Case No. 28 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
9. And further condition that the Trial Court shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the Trial Court shall take step for cancellation of bail bond of the petitioners. 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.
10. It is made clear that the bail order shall be effective only when the statement made in paragraph No.3 shall be correct, if it has been found that the statement made in paragraph No.3 is not correct and suppression has been made about pendency of the case then petitioners shall not be released on bail.
(Dr. Anshuman, J) Mkr./Manshi/- U T