Patna High Court
Ram Kumar RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, directing release upon furnishing bail bonds and sureties.
Summary
The petitioner, Ram Kumar Roy, applied for anticipatory bail anticipating arrest in a case involving multiple offences under the B.N.S., arising from a land dispute where he was alleged to have assaulted the informant with a rod. The petitioner argued he has a clean record, the injuries were minor, and he was falsely implicated. The State opposed the bail, contending the seriousness of the offences. The court examined the allegations, the nature of the injuries, and the petitioner’s antecedents, and considered the provisions of Section 482(2) of the Criminal Procedure Code. It directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2). Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in view of the alleged offences under the B.N.S.
- Whether the nature of the alleged offences and the alleged injuries justify denial of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Criminal Procedure Code
- land dispute
- assault
- Bihar
- B.N.S. offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9781 of 2026
Arising Out of PS. Case No.-118 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
Ram Kumar Roy S/o- Ghughar Roy R/v- Sihula Ps- Khutauna Dist-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hriday Narayan Harshit
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 329(3), 329(4), 126(2), 115(2), 118(1), 117(2), 109(1),
352, 351(2), 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that eleven named accused persons on
01.08.2025 at 8.00 P.M. came to his house and said that as per
measurement, the land belongs to them, thus asked to vacate the
land. On objection, Krishnadeo Roy pointed pistol while
petitioner assaulted by rod causing injury on head and back,
thereafter accused persons assaulted his son causing injury on
Patna High Court CR. MISC. No.9781 of 2026(2) dt.30-03-2026
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back of right hand and shoulder and when villagers gathered,
they fled leaving behind their scooty.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that on
account of dispute relating to land, the occurrence is alleged to
have taken place. It is also submitted that no doubt, petitioner is
alleged to have assaulted the informant by rod causing injury on
head and back, but then, the injury suffered by the informant has
been opined to be simple in nature as would manifest from
Annexure-2 to the anticipatory bail application. It is next
submitted that petitioner is not a criminal and the blow is not
alleged to have been repeated.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
opposes the anticipatory bail application.
6. After hearing the learned counsel for the parties
and taking into consideration the submissions made by the
learned counsel appearing on behalf of the petitioner, the
petitioner, above-named, in the event of his arrest or surrender
before the learned Court below within a period of six weeks, is
directed to be released on bail on his furnishing bail-bonds in
Patna High Court CR. MISC. No.9781 of 2026(2) dt.30-03-2026
3/3
the sum 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 Khutauna P. S. Case No.118 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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