Patna High Court
Ramsurat Ram @ SiyarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioner on condition of a bond and sureties.
Summary
The petitioner, Ramsurat Ram, was arrested in connection with a FIR alleging that he ordered co-accused Nitish Ram to assault the informant and his son with a knife, resulting in the son's death. He is charged under Sections 126(2), 115, 118(1), 109, 103 and 3(5) of the B.N.S., 2023. The petitioner contended that the specific charge of assault with a knife pertains only to Nitish Ram and that he is merely an alleged order‑giver, with no direct act of violence attributed to him. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s continued custody since 31‑10‑2025. The Court, after considering the nature of the accusations and the period of custody, granted bail on the condition of a Rs.10,000 bond and two sureties, directing release to the satisfaction of the ACJM‑VI, Gopalganj.
Issues considered
- Whether the petitioner, alleged only as an order‑giver, is entitled to bail despite the serious nature of the offences charged under the B.N.S., 2023
- Whether the period of custody and the charges warrant denial of bail
Legislation cited
- B.N.S., 2023 — s. 103, 109, 115, 118(1), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- order-giver
- assault
- homicide
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10365 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- VIJAYEPUR District- Gopalganj
======================================================
Ramsurat Ram @ Siyar S/o Nakchhedi Ram R/o Village- Pipra, P.S- Vijaipur,
Dist- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 126(2), 115, 118(1), 109, 103 and 3(5) of
the B.N.S., 2023.
3. Petitioner is named in the F.I.R., against whom,
there is allegation that due to some dispute, altercation took
place between the parties, in which, this petitioner and other co-
accused persons assaulted informant’s son. Further allegation is
that on the order of this petitioner, co-accused Nitish Ram
assaulted informant and his son with knife indiscriminately, as a
result of which, son of informant died.
4. Learned counsel for the petitioner submits that
specific accusation of assault with knife is against co-accused
Nitish Ram. So far as this petitioner is concerned, he is only
alleged to be order-giver. There is no specific allegation of overt
Patna High Court CR. MISC. No.10365 of 2026(2) dt.18-02-2026
2/2
act against this petitioner and he is in custody since 31.10.2025.
Chargesheet has been submitted.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. - VI, Gopalganj in connection with Vijaipur P.S. Case
No. 258 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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