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

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

What the court decided

AI extract

Outcome

None; anticipatory bail was refused. The petitioner was directed that if he surrenders and seeks regular bail, the concerned Court shall consider the application on its own merit without prejudice to the rejection of anticipatory bail.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with Fatehpur P.S. Case No. 490 of 2025 (P.T.N. No. BRGA02P0040662025) registered for offences under Sections 126(2), 115(2), 117(2), 118(1), 109, 303(2) and 3(5) of the B.N.S., 2023.

Court's answer

The Court is not inclined to grant anticipatory bail to the petitioner, considering the submissions of the parties and the fact that the leg of the informant's husband has been found fractured due to the assault made by the petitioner.

Ratio / Principle

The prayer of the petitioner (for anticipatory bail) is rejected.

Key takeaways

If the petitioner surrenders and seeks regular bail, the concerned Court shall consider the same on its own merit, without being prejudiced by the fact that the petitioner's anticipatory bail has been rejected by this Court.ratio¶21

Detailed headnote1 paragraphs

Patna High Court — Criminal Miscellaneous No.74630 of 2025 (oral order dated 03-12-2025, Justice Anil Kumar Sinha) — Anticipatory bail application by Ramswaroop Yadav, apprehending arrest in Fatehpur P.S. Case No. 490 of 2025 (P.T.N. No. BRGA02P0040662025), District Gaya, for offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 109, 303(2) and 3(5) of the B.N.S., 2023 — Per the FIR, on 02.07.2025 at about 09:00 P.M. the petitioner and other accused persons, armed with lathi, iron rod and sticks, allegedly assaulted the informant's husband on his head and leg — Petitioner's counsel urged neighbourly status, a drainage dispute, and that the leg injury appeared non-serious, noting co-accused Bedamiya Devi had obtained anticipatory bail; counsel for the informant/State contended the petitioner caused a fracture to the husband's leg with an iron rod, and that other co-accused had obtained regular bail in Cr. Misc. No. 70405 of 2025 — Holding the husband's leg to have been found fractured due to the petitioner's assault, the Court declined anticipatory bail and rejected the prayer, while directing that any subsequent regular-bail application upon surrender be considered by the concerned Court on its own merit, without prejudice to this rejection.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74630 of 2025

Arising Out of PS. Case No.-490 Year-2025 Thana- FATEHPUR District- Gaya

====================================================== Ramswaroop Yadav S/o Late Kishun Yadav R/o-Village-Donaiya Dumrichatti, P.S.-Fatehpur, District-Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Onkar Nath For the Opposite Party/s : Mr. Shantanu Kumar, APP Mr. Girish Chandra Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 03-12-2025

Heard learned counsel for the petitioner and

learned counsel for the State.

The petitioner apprehend his arrest in connection

with Fatehpur P.S. Case No. 490 of 2025 (P.T.N. No. BRGA02P0040662025) registered for the offence punishable under Sections 126(2), 115(2), 117(2), 118(1), 109, 303(2) and 3(5) of the B.N.S., 2023.

As per first information report, on 02.07.2025, in

the evening, at about 09:00 P.M. the petitioner and other accused persons armed with lathi , iron rod and sticks arrived at the door of the informant and assaulted her husband on his head and leg.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.74630 of 2025(2) dt.03-12-2025 2/3

both the parties are neighbour and there is a dispute regarding drainage between them. From the injury report of the informant’s husband, it does not appear that the injury upon the left leg is serious in nature. The co-accused Bedamiya Devi has been granted anticipatory bail by the impugned order itself.

On the other hand, learned counsel for the informant as well as State opposed the prayer for anticipatory bail and submits that informant’s husband was brutally assaulted by the petitioner and other accused persons. The other coaccused persons, against whom there are two allegations of assault upon the head of the informants’ husband, have been granted regular bail by this Court in Cr. Misc. No. 70405 of 2025. The assault made by petitioner to the informant’s husband on his leg by iron rod is serious in nature and the fracture injury has been caused to the informant’s husband.

Considering the submissions made by the parties and the fact that the leg of the informant’s husband has been found fractured due to assault made by the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, prayer of the petitioner is rejected.

However, if the petitioner surrenders and seeks regular bail, the concerned Court shall consider the same on its

Patna High Court CR. MISC. No.74630 of 2025(2) dt.03-12-2025 3/3

own merit without being prejudiced to the fact that the anticipatory bail of the petitioner has been rejected by this

Court.

(Anil Kumar Sinha, J)

shailendra/-

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