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Patna High Court

Ganesh RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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