Ramashish Yadav @ Ashish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51720 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== Ramashish Yadav @ Ashish Yadav s/o Munshi Yadav R/o vill- Kamatar, PSKauakol, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Kawakole P.S. Case No. 456 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 1173(3), 118(2), 109, 103(1) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 23.12.2024 at about 7.30 PM, all the FIR named accused persons assaulted informant and his father by means of iron rod, as a result of which, father of the informant died and three persons were left injured.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.51720 of 2025(2) dt.25-07-2025 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation. Informant is not eyewitness to the occurrence. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. The coaccused person has already been granted anticipatory bail by this Court vide order dated 08.05.2025 passed in Cr. Misc. No. 29364 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that in paragraph nos. 67, 68 and 69 of the case diary, the injured persons have specifically stated that the accused persons including the petitioner have assaulted them due to which they sustained injuries. It is further submitted that injuries sustained by two persons are grievous in nature and one injured has sustained simple injuries.
6. Considering the aforesaid facts and circumstances of the case as also there being ample material in the case diary to show the involvement of the petitioner in the alleged occurrence, in my view, this is not a fit case for anticipatory bail, and hence, I am not inclined to grant anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.51720 of 2025(2) dt.25-07-2025 3/3
7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.
8. However, if the petitioner surrender before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Alok Verma/- U T