Patna High Court
Ganesh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to conditions.
Summary
The petitioners, Ganesh Ram and Pahlad Ram, sought anticipatory bail fearing arrest in a case alleging their involvement as conspirators in the murder of an informant's father, for which offences under the Bharatiya Nyaya Sanhita and the Arms Act were alleged. The prosecution claimed that co‑accused had fired pistols at the victim, and that the petitioners had threatened the victim beforehand, but the FIR did not allege any overt act by them. The petitioners contended they were innocent, had no clean antecedent, and were only named as conspirators without specific acts. The State opposed bail, arguing the seriousness of the charges. Considering the nature of the accusation, the lack of specific incriminating acts against the petitioners, and their clean antecedent, the court granted anticipatory bail subject to a bail bond and sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of conspiracy to murder under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the material on record justifies denial of bail despite the seriousness of the alleged offences
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103, 127(2), 3(5), 351(2), 61(2)
Subjects
- anticipatory bail
- conspiracy
- murder
- arms act
- clean antecedent
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13681 of 2026
Arising Out of PS. Case No.-103 Year-2025 Thana- ARIYARI District- Sheikhpura
======================================================
1. Ganesh Ram S/o- Masudan Ram R/o Village- Kemra P.S.-Ariyari District-
Sheikhpura
2. Pahlad Ram S/o- Late Ramdev Ram R/o Village- Kemra P.S.-Ariyari
District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Anjani Pd. Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 127(2), 103, 351(2),
61(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of
the Arms Act.
3. As per prosecution case, it is alleged that on
29.07.2025 at about 6 PM, when father of informant was
returning home in an auto, in the meantime, co-accused Arun
Ram, Manoj Ram, Uday Kumar and Vikas Ram, armed with
pistols, stopped the auto and fired upon father of informant as a
result of which, he died. It is further alleged that all F.I.R.
named accused persons, including these petitioners, are
involved in the offence and prior to the incident, co-accused
Patna High Court CR. MISC. No.13681 of 2026(2) dt.27-04-2026
2/2
persons threatened the father of informant of dire consequences
on his way back home.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Even
as per F.I.R., petitioners are not assailants of the deceased.
Petitioners are only alleged to be the conspirators and there is
no allegation of any specific overt act against them. Petitioners
claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
antecedent, this anticipatory bail is allowed and it is ordered
that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of District & Additional
Sessions Judge-I, Sheikhpura in connection with Ariyari P. S.
Case No. 103 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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