Ramvilash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41518 of 2025 Arising Out of PS. Case No.-501 Year-2024 Thana- ALOULI District- Khagaria ====================================================== Ramvilash Yadav S/O Late Madho Yadav Resident of Village- Ladoura, PSAlouli, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Singh, Adv.
For the Opposite Party/s :
Mrs. Indiwar Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Alouli P.S. Case No. 501 of 2024, registered for the offences under Sections 126(2), 115(2), 303(2), 118, 109, 352, 351(2), 3(5) of the BNS.
3. As per the prosecution case, while the informant along with her son had gone to visit her land, she found the petitioner and other co-accused persons, who were armed with spade, iron rod, lathi and danda, forcibly cultivating her land. When the informant opposed, the petitioner ordered to kill her and co-accused Ramkalesh Yadav assaulted her on her head with spade and other co-accused persons assaulted with lathi and danda. When the son of the informant and one Nitish
Patna High Court CR. MISC. No.41518 of 2025(2) dt.09-07-2025 2/3 Kumar intervened, the were also assaulted and snatched the chain worth Rs. 90,000/- from the son of the informant.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The FIR has been lodged after a delay of 22 days and this shows afterthought and deliberation on part of the informant and creates serious doubt over prosecution case and only allegation against this petitioner is that of instigating others and there is no allegation of any overt act against the petitioner. The allegation of snatching gold chain is ornamental. The petitioner is having antecedent of one case and he is in custody since 05.04.2025 and charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the non-specific nature of allegation against the petitioner and the delay in lodging the FIR and further considering his period of custody and submission of charge sheet against the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each
Patna High Court CR. MISC. No.41518 of 2025(2) dt.09-07-2025 3/3 with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria/concerned court, in connection with Alouli P.S. Case No. 501 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three 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.
(Arun Kumar Jha, J) Anuradha/- U T