Patna High Court
Ramkishun SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding no sufficient ground to deny it.
Summary
Ramkishun Sah was arrested in connection with a case registered under several offences of the Bharatiya Nyaya Sanhita, including sections 126(2), 115(2), 118(1), 109, 324(4), 352, 351(2) and 3(5). The prosecution alleged that the petitioner and another person twisted the hand of an informant's son and that other accused assaulted with a knife. The petitioner contended that the only allegation against him was the alleged hand‑twisting, which he argued does not fall within Section 109, and highlighted his clean record and that he had been in judicial custody since 14‑12‑2025. The State opposed the bail application. After hearing both sides, the High Court held that bail should be granted, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Judicial Magistrate. The order effectively released the petitioner on bail pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under multiple serious offences of the Bharatiya Nyaya Sanhita.
- Whether the alleged act of twisting the informant's son's hand attracts Section 109 of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 324(4), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 109
- judicial custody
- sureties
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13259 of 2026
Arising Out of PS. Case No.-514 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Ramkishun Sah S/O Paspat Sah Resident of village- Dilawarpur, P.S.-
Kesariya, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kesariya P.S. Case No.514 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 118(1), 109,
324(4), 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita.
3. The case of the prosecution, in short, is that the
petitioner and one other has twisted the hand of the informant’s
son. It is further alleged that other accused persons have
assaulted with knife.
4. Learned counsel appearing on behalf of the
petitioner has submitted that only allegation against the
petitioner is that he and one another has twisted the hand of the
informant’s son. These allegations does not attract Section 109
Patna High Court CR. MISC. No.13259 of 2026(3) dt.01-04-2026
2/2
of the BNS. Learned counsel for the petitioner has further
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 14.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Judicial Magistrate- 1st Class, Sadar, Motihari, East Champaran
in connection with Kesariya P.S. Case No.514 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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