Patna High Court
Raj Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application and ordered the petitioner’s release on bail.
Summary
The petitioner, Raj Kumar Ram, sought regular bail in a case (Bhagwanpur Hat P.S. Case No. 271 of 2025) involving multiple serious offences under the B.N.S., including assault and homicide. The prosecution alleged that the petitioner, along with others, assaulted the informant's husband and son, resulting in the son's death. The petitioner claimed innocence, stating he was falsely implicated and is the brother‑in‑law of the deceased, and highlighted that co‑accused had been granted anticipatory bail in a similar case. The State opposed the bail. The court, after hearing both sides, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the lower court.
Issues considered
- Whether regular bail should be granted to the petitioner under the multiple sections of the B.N.S. charged against him
- Whether the precedent of anticipatory bail granted to co‑accused in a similar case warrants regular bail in the present case
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- regular bail
- anticipatory bail
- B.N.S.
- criminal procedure
- sections 126, 115, 118, 109, 303, 352, 351, 3, 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13877 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Raj Kumar Ram Son of Chetaru Ram R/o Village - Karchauliya, P.S. -
Panapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kant Singh
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Bhagwanpur Hat P.S. Case No. 271 of 2025 instituted under
Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 3(5)
of the B.N.S. to which Section 103(1) of the B.N.S. was added,
subsequently.
3. As per the prosecution case, 13 FIR named accused
persons, including the petitioner and 4-5 unknown persons are
alleged to have assaulted the husband and son the informant
with lathi and danda due to which the son died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely implicated in this case.
Petitioner is not the immediate family members of the accused
Patna High Court CR. MISC. No.13877 of 2026(2) dt.25-02-2026
2/2
side as he is the brother-in-law (fufa) of the deceased. Learned
counsel lastly submits that similarly situated co-accused persons
have been granted anticipatory bail by a Co-ordinate Bench of
this Court vide order dated 15.01.2026 passed in Cr. Misc. No.
88432/2025. Petitioner has clean antecedent and he is in custody
since 2.12.2025.
5. Learned A.P.P. for the State opposes the prayer of
the petitioner.
6. Considering the aforesaid facts, this application is
allowed.
7. Let the petitioner, above named, be released 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
the learned C.J.M., Siwan/ concerned Court below in connection
with Bhagwanpur Hat P.S. Case No. 271 of 2025.
(Sandeep Kumar, J)
Vikas/-
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