Rambali Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41630 of 2025 Arising Out of PS. Case No.-351 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== Rambali Yadav S/O Late Shiv Shankar Yadav Resident of village- Makarpur Tola Gulzar Bigha, PS- Makhdumpur, district- Jahanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rabia Gulnaz, Adv.
For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code read with Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 09.11.2021 at 11:00 AM her husband had gone to Makhdumpur market, but did not return home till evening and his mobile was also switched off, later she got an information from the police station that her husband has been killed, accordingly on the said information, the informant reached the place of occurrence and found the dead body of her husband, it
Patna High Court CR. MISC. No.41630 of 2025(3) dt.29-08-2025 2/3 is next alleged that her husband was a driver and had scuffled on account of land dispute with the accused persons including the petitioner, further about 2-3 days ago, petitioner, who is uncle of Raju Yadav, had come to her house and had threatened to kill her husband within ten days, as such based on suspicion, it is alleged that petitioner in connivance might have killed her husband.
4. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that informant is not an eye witness to the occurrence, the entire allegation hinges around suspicion, there is admitted land dispute between the parties and the petitioner and the informant are agnates. It is next submitted that similarly situated co-accused Phulendra Kumar along with three others had approached this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 35516 of 2022 and the same was taken up along with Criminal Miscellaneous No. 45995 of 2022 (Anil Kumar Vs. The State of Bihar) and both the applications were allowed by an order dated 29.11.2022 (Annexure-2). It is submitted that the case of the petitioner is on similar footing, thus, based on parity seeks anticipatory bail.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.41630 of 2025(3) dt.29-08-2025 3/3 anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chandauti P.S. Case No. 351 of 2021 subject to the conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail application is allowed.
(Satyavrat Verma, J) Rishabh/- U T