Patna High Court
Ramakant SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that bail should be granted subject to statutory conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioners, Ramakant Singh and Suman Kumar, sought bail fearing arrest in a case (Manikpur P.S. Case No. 126 of 2024) where they were alleged to have assaulted an informant's husband with sharp weapons and assaulted the informant herself. The prosecution alleged offences under Sections 126, 109, 352, 351(3), 76, 303(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, while the petitioners contended that the parties are agnates and a counter‑version of events exists, with the injury to the husband being simple in nature. The State opposed the bail application, arguing the seriousness of the charges. The Court noted that a charge‑sheet had been filed, the injury was simple, and a genuine case and counter‑case existed, and therefore exercised its power under Section 482(2) of the B.N.S. to grant bail. Bail was ordered on the condition of a Rs.10,000 bond with two sureties and several statutory conditions, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether bail should be granted to the petitioners despite the pending charges under the Bhartiya Nyaya Sanhita.
- Whether the nature of the injury and the existence of a counter‑case justify bail under Section 482(2) of the B.N.S.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 126, 303(2), 3(5), 351(3), 352, 482(2), 76
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 482
- charge sheet
- simple injury
- counter case
- bailable offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15452 of 2026
Arising Out of PS. Case No.-126 Year-2024 Thana- Manikpur District- Lakhisarai
======================================================
1. Ramakant Singh S/O Late Sitaram Singh R/O Salempur, P.S- Surajgarha,
Dist.- Lakhisarai
2. Suman Kumar S/O Ramakant Singh R/O Salempur, P.S- Surajgarha, Dist.-
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Adv.
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Manikpur P.S. Case No. 126 of 2024 (G.R.
Case No. 323 of 2025) dated 23.10.2024, registered for the
offence punishable under Sections 126, 109, 352, 351(3), 76,
303(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, on 22.10.2021, the accused
persons came to the informant’s house, abused them, and
Ramakant Singh and Suman Kumar (petitioners) allegedly
assaulted the informant’s husband with sharp weapons causing
him to fall unconscious. When the informant intervened, she
was allegedly assaulted, her clothes were pulled, and her gold
chain was snatched.
Patna High Court CR. MISC. No.15452 of 2026(2) dt.12-03-2026
2/3
4. Learned counsel for the petitioners submits that both
the parties are agnates. It is next submitted that for the incident,
in question, there is a counter version and after investigation, the
police submitted charge-sheet under Section 126(2), 117(2),
115(2), 352, 351(3), 3(5) of the B.N.S. which are bailable in
nature. It is further submitted that the injuries caused to the
Informant’s husband is found to be simple in nature, which is
said to have been caused by hard and blunt substance and in the
counter case, which is said to have been registered by the
petitioners’ side, the investigation is also complete and the
charge-sheet has also been filed.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Considering that there is a case and counter case
between the parties and the charge-sheet has also been filed and,
as also, the injury caused upon the Informant’s husband is found
to be simple in nature, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of six weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
Patna High Court CR. MISC. No.15452 of 2026(2) dt.12-03-2026
3/3
IInd, Lakhisarai in connection with Manikpur P.S. Case No. 126
of 2024 (G.R. Case No. 323 of 2025), subject to the conditions
as laid down under Section 482(2) of the B.N.S.S. as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
Checking your session…