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Patna High Court

RAMESH KUMAR @ RAMESH RAMversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to monetary and procedural conditions under Section 438(2) CrPC.

Summary

The petitioners, Ramesh Kumar, Munna Ram, Sheela Devi and Manu Ram, were implicated in a police case (Kesariya PS Case No. 555 of 2023) for alleged assault, robbery and other offences under sections 341, 323, 324, 307, 504, 506 and 34 of the IPC. The informant claimed that the accused assaulted his family and injured his mother, who required hospitalisation. The petitioners argued that the allegations were omnibus, the mother’s injury was not on record, and the other injuries were minor; they also offered to pay Rs. 2,000 each towards the informant’s medical expenses. The State opposed anticipatory bail, highlighting a criminal antecedent of petitioner Munna Ram under the Excise Act. The Court, noting the lack of substantive proof of serious injury and the petitioners’ willingness to compensate, granted anticipatory bail with conditions, including a cash deposit, sureties, and compliance with Section 438(2) of the CrPC. The order required the petitioners to appear before the trial court and imposed strict prohibitions against tampering with evidence or committing further offences.

Issues considered

  • Whether anticipatory bail should be granted to the accused persons in view of the alleged offences under the IPC.
  • Whether the absence of recorded serious injury and the presence of a criminal antecedent affect the grant of anticipatory bail.
  • What conditions may be imposed under Section 438(2) of the Criminal Procedure Code when granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • Section 438(2)
  • injury claim
  • criminal antecedent
  • bail conditions
  • offence under sections 341, 323, 324, 307, 504, 506, 34

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13126 of 2026
                   Arising Out of PS. Case No.-555 Year-2023 Thana- KESARIA District- East Champaran
                 ======================================================
           1.     RAMESH KUMAR @ RAMESH RAM S/o- Late Ramswaroop Ram R/v-
                  Fultakiya Ps- Kesariya Dist- East Champaran
           2.    Munna Ram @ Munna Kumar S/o- Ramesh Ram R/v- Fultakiya Ps-
                 Kesariya Dist- East Champaran
           3.    Sheela Devi W/o- Ramesh Ram R/v- Fultakiya Ps- Kesariya Dist- East
                 Champaran
           4.    Manu Ram @ Manu Kumar S/o- Ramesh Ram R/v- Fultakiya Ps- Kesariya
                 Dist- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manjeet Kumar Mishra, Adv.
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   24-06-2026                    Heard Mr. Manjeet Kumar Mishra, learned Counsel

                   for the petitioners and learned APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Kesariya P.S. Case No. 555 of 2023 for the offence

                   registered under sections 341, 323, 324, 307, 504, 506/34 of the

                   IPC.

                                3. As per the prosecution story, the informant alleged

                   that as the Kesariya Police Station’s police vehicle passed

                   through the road, people started running and when the informant

                   came out, found that the accused persons who are indulged in
Patna High Court CR. MISC. No.13126 of 2026(5) dt.24-06-2026
                                            2/4




          sale/purchase of liquor, armed variously assaulted his family

          members and in the process, Sheela Devi and Ramesh Ram

          injured his mother who had to move to Sadar Hospital, Motihari

          for treatment. This led to the FIR.

                       4. Learned Counsel for the petitioners submit that

          omnibus allegation has been made and though allegation is

          against Ramesh Ram and Sheela Devi, no injury of the mother

          of the informant is on record. Further, so far as other injured are

          concerned, injury has been found to be simple in nature.

                       5. Further, the submission is that without accepting

          the allegation and/or the outcome of the present petition in view

          of the fact that the informant side has alleged injuries, the

          petitioners on its own would like to contribute towards the

          medical assistance of Rs. 2,000/- each (totaling Rs. 8,000/-)

          through Demand Draft issued by the local branch of the State

          Bank of India/any Nationalized Bank to be submitted before the

          ‘NAZARAT’ of concerned Court to be handed over to the

          informant after checking the credentials.

                       6. Learned APP for the State, on the other hand,

          opposes the prayer for anticipatory bail submitting that

          petitioner no. 2 Munna Ram also has criminal antecedent under

          Excise Act.
Patna High Court CR. MISC. No.13126 of 2026(5) dt.24-06-2026
                                            3/4




                       7. Considering the submissions of the parties

          aforesaid as also that the injury of the mother of the informant is

          not on record while other injuries have been found to be simple

          in nature. In that background, this Court is inclined to grant

          them the anticipatory bail with conditions subject to payment of

          Rs. 2,000/- each (totaling Rs. 8,000/-) as undertaken by the

          learned counsel for the petitioners to be paid by Demand Draft

          of local branch of the State Bank of India/any Nationalized

          Bank to be submitted to the Trial Court.

                       8. Let the petitioners in the event of arrest or

          surrender within a period of four weeks from the date of receipt

          of the order, shall be released on anticipatory bail on furnishing

          bail of Rs. 10,000/- (ten thousand) each with two sureties of the

          like amount each to the satisfaction of the learned C.J.M., East

          Champaran, Motihari in connection with Kesariya P.S. Case No.

          555 of 2023 subject to condition as laid down under Section

          438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioners, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show his bona fide;

                       (ii) the petitioners shall appear on each and every date
           Patna High Court CR. MISC. No.13126 of 2026(5) dt.24-06-2026
                                                       4/4




                     before the Trial court and failure to do so for two consecutive

                     dates without plausible reason will entail cancellation of his bail

                     bond by the Trial court itself;

                                  (iii) the petitioners shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioners shall desist from committing any

                     criminal offence again failing which the State shall be at liberty

                     to take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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