Raja Ram Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Raja Ram Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Bahoranpur P.S. Case No.18 of 2025.

Issue for consideration

Whether the petitioner should be released on bail in connection with Bahoranpur P.S. Case No.18 of 2025 (Sections 109(1), 352, 351(1), 3(5) B.N.S and Section 27 Arms Act), given his alleged role as order giver/instigator, his custody since 01.02.2025, and the reported absence of criminal antecedents.

Court's answer

Taking into account the submissions of the petitioner's counsel, the allegation that the petitioner was only the order giver (with the specific allegation against the other co-accused), and the fact that the petitioner has no criminal antecedent, the court found ground to enlarge him on bail.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Bahoranpur P.S. Case No.18 of 2025.

Detailed headnote1 paragraphs

Bail granted — Petitioner, in custody since 01.02.2025 in Bahoranpur P.S. Case No.18 of 2025 (District Bhojpur), registered for an offence punishable under Sections 109(1), 352, 351(1), 3(5) of the B.N.S and Section 27 of the Arms Act, was alleged, along with other co-accused persons, to have assaulted and abused the informant. Counsel for the petitioner urged that the petitioner was innocent and falsely implicated, that the allegation against him was only of being the order giver while the specific allegation was against other co-accused persons, that he was aged about 69 years and had no criminal antecedent (para-3 of the bail petition). The APP for the State and counsel for the informant opposed the prayer, alleging the petitioner's role was instigation of the co-accused. Considering these facts, and that the petitioner had no criminal antecedent, the High Court (Ramesh Chand Malviya, J) directed release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28563 of 2025

Arising Out of PS. Case No.-18 Year-2025 Thana- Bahoranpur District- Bhojpur

======================================================

Raja Ram Yadav S/o- Late Parash Yadav R/o - Karja, P.S - Bahoranpur, District - Bhojpur at Ara

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shankar Kumar, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP For the Informant : Mr. Ajay Kumar Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 07-05-2025

Heard learned counsel for the petitioner, learned

APP for the State and learned counsel for the informant.

Petitioner is in custody since 01.02.2025 in a case in connection with Bahoranpur P.S. Case No.18 of 2025 registered for an offence punishable under Sections 109(1), 352, 351(1) 3(5) of the B.N.S and Section 27 of the Arms Act.

As per the prosecution case, it is alleged that petitioner along with other co-accused persons started assaulting and abusing the informant.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that the allegation against the petitioner is that he is the order giver and the specific allegation is against other co-accused person. He further submits that petitioner is aged about 69 years old as mentioned in the bail petition and he

Patna High Court CR. MISC. No.28563 of 2025(2) dt.07-05-2025 2/2

is under custody since 01.02.2025. He next submits that petitioner has got no criminal antecedent as stated in para-3 of the bail petition.

Learned APP for the State as well as learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that allegation against the petitioner is for instigation the other co-accused persons.

Considering the aforesaid facts and circumstances of the case, submission of the learned counsel for the petitioner as well as the fact that allegation against the petitioner is of being a order giver and the specific allegation is against other co-accused and also the fact that petitioner has got no criminal antecedent, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Bahoranpur P.S. Case No.18 of 2025.

(Ramesh Chand Malviya, J)

Harshita/-