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Patna High Court

Ramjee SaoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner subject to conditions.

Summary

The petitioner, Ramjee Sao, sought bail in a case (Suryagarha PS Case No. 256 of 2024) alleging offences under Sections 303(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that co‑accused Devanand Kumar had stolen documents, a mobile phone and cash, and that the petitioner was implicated solely through Devanand's confessional statement, though the petitioner’s name does not appear in the FIR and no incriminating material was recovered from him. The petitioner argued that he was falsely implicated, that a T.I.P. had not been conducted, and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s custody period, and the procedural lapses, the Court inclined to grant bail, subject to a bond of Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.

Issues considered

  • Whether bail should be granted when the petitioner is implicated only through a co‑accused’s confessional statement and is not named in the FIR
  • Whether the absence of a T.I.P. and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
  • Whether the petitioner’s custody period and lack of material evidence justify bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • confessional statement
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • evidence
  • charge framing
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12197 of 2026
                  Arising Out of PS. Case No.-256 Year-2024 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Ramjee Sao Son of Kapildev Saav (Sao) Resident of Village- Ram Nagar
                 Ward No. 11 (Mankatha), P.S.- Amahara, District- Lakhisarai (Bihar)

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bhim Kumar Yadav, Advocate
                 For the Opposite Party/s :      Mr.Pranav Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-03-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                               2. The petitioner seeks bail in connection with

                   Suryagarha (Surjgarha/Surajgarha) P.S. Case No. 256 of 2024,

                   instituted for the offences under Sections 303(2), 318(4) and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that on 02.09.2024 at

                   about 7.00 A.M. accused Devanand Kumar showing himself as

                   relative of the informant, got him boarded in Innova vehicle and

                   deboarded the informant at village Mohammadpur and fled

                   away by taking all the documents, Mobile and Rs. 32000/- cash

                   kept in the bag.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.12197 of 2026(2) dt.10-03-2026
                                             2/3




          Petitioner is not named in the F.I.R. The name of the petitioner

          transpired in this case on the basis of confessional statement of

          the co-accused Devanand Kumar. No incriminating article has

          been recovered from the conscious possession of the petitioner.

          Learned counsel further submitted that petitioner has got no

          concern with the stolen articles. Learned counsel further

          submitted that T.I.P. has not been conducted till date to ascertain

          the involvement of the petitioner in the alleged offence. It has

          been submitted on behalf of the petitioner that the petitioner is

          in custody since 13.10.2025 and has seven criminal antecedents.

          There is no compliance of Section 103 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case, as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                        7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each     to    the       satisfaction   of   Court

          below/concerned Court               in connection with              Suryagarha
           Patna High Court CR. MISC. No.12197 of 2026(2) dt.10-03-2026
                                                       3/3




                     (Surjgarha/Surajgarha) P.S. Case No. 256 of 2024, subject to the

                     following conditions:

                                   (I) One of the bailors shall be the petitioner’s own or

                     close member.

                                   (II) The petitioner shall appear on each and every date

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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