Patna High Court
Sanjay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
Petitioners Sanjay Ram and Ajay Ram sought anticipatory bail fearing arrest in a murder case (Gaighat P.S. Case No. 202 of 2024) involving the death of an informant's ten‑year‑old son. The prosecution alleged that the petitioners fled the scene and had previously threatened the informant, but no eyewitness testimony was presented. The petitioners contended they were falsely implicated due to a land dispute and lack of specific allegations, noting Sanjay Ram's clean record and Ajay Ram's two pending cases. The court observed that the case was based merely on suspicion and that there was insufficient material to deny bail. Accordingly, the court granted anticipatory bail to both petitioners, subject to a Rs.10,000 bond, two sureties, cooperation with the investigation, and verification of any concealed criminal antecedents under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when the accusation is based solely on suspicion and lack of eyewitness evidence
- Whether the petitioners' criminal antecedents justify denial of bail
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- criminal procedure
- suspicion
- land dispute
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Muzaffarpur
- murder investigation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14671 of 2026
Arising Out of PS. Case No.-202 Year-2024 Thana- GAIGHAT District- Muzaffarpur
======================================================
Sanjay Ram Son of Late Ganesh Ram Resident of Village - Baghakali, P.S.-
Gaighat, District – Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 18738 of 2026
Arising Out of PS. Case No.-202 Year-2024 Thana- GAIGHAT District- Muzaffarpur
======================================================
Ajay Ram Son of Late Ganesh Ram R/o Village - Baghakhal, P.S. - Gaighat,
Dist. - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 14671 of 2026)
For the Petitioner/s : Mr. Alok Kumar Alok, Adv
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
(In CRIMINAL MISCELLANEOUS No. 18738 of 2026)
For the Petitioner/s : Mr. Alok Kumar Alok, Adv
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Gaighat P.S. Case No. 202 of 2024, registered for the
offence punishable under Sections 103(i)/238/61(2)/115(2)/
351(2)/ 3(5) BNS.
3. The case of the prosecution, in short, as per the
informant is that on 06.08.2024, the dead body of informant's
ten years old son was found hanging from a tree and when
informant reached at the place of occurrence, he saw accused-
Patna High Court CR. MISC. No.14671 of 2026(3) dt.29-04-2026
2/3
petitioner Sanjay Ram fleeing away from there. The informant
alleged that accused Mahendra Ram had quarreled with his wife
one month ago and had threatened to eliminate informant's son.
The informant concluded by stating that Ajay Ram and Sanjay
Ram used to quarrel with him and had been issuing threatening
to kill him.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. The
petitioners have falsely been implicated in the present case due
to suspicion. No specific allegation has been made against the
petitioners. The informant and petitioners are agnates and there
is land dispute between them. The petitioner-Sanjay Ram has no
criminal antecedent and the petitioner-Ajay Ram has two
criminal antecedents.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. From the perusal of the case diary, it appears that
the petitioners have been implicated in this case merely on
suspicion. There is no eye witness to the alleged incident.
Petitioner-Sanjay Ram has clean antecedent and petitioner-Ajay
Ram has two criminal antecedent but in both the cases, he is
said to be on jail. Under these circumstances, this Court is
Patna High Court CR. MISC. No.14671 of 2026(3) dt.29-04-2026
3/3
inclined to grant privilege of anticipatory bail to the petitioners.
7. Let the petitioners, named above, in the event of
their arrest or surrender before the Court below within four
weeks from today, 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 Judicial
Magistrate 1st Class (East), Muzaffarpur in connection with
Gaighat P.S. Case No. 202 of 2024, subject to the conditions
laid down under section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and subject to the further condition
that:-
(i) the petitioners shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioners and in case it is found that
the petitioners have concealed their criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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