Patna High Court
Kamaldev Ram @ Kamaldev Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Kamaldev Ram, was implicated in a case of assault registered under Sections 126(2), 115(2), 109 and 3(5) of the B.N.S., 2023, alleging that he struck two persons with a rod. He contended that he is innocent, that the informant is his agnate and that the matter is a family dispute, and that the injuries caused were simple. The petitioner also highlighted that other accused had already been granted anticipatory bail and that he has a clean antecedent. The State opposed the grant of anticipatory bail. Considering the familial relationship, the simple nature of the injury and the precedent of bail to co‑accused, the Court exercised its power under Section 482(2) of the B.N.S.S. and ordered anticipatory bail with specific conditions. The order directs the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with conditions relating to appearance, non‑tampering with witnesses and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the familial relationship and the nature of the alleged injury.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- assault
- family dispute
- simple injury
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15470 of 2026
Arising Out of PS. Case No.-483 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Kamaldev Ram @ Kamaldev Kumar Ram S/o Shailesh Ram Resident of
Village- Sidhwaliya, P.S.- Chapra Muffasil, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh, Adv.
For the Opposite Party/s : Ms.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Muffasil P.S. Case No. 483 of 2025 dated 23.08.2025
registered for the offence punishable under Section/s 126(2),
115(2), 109, 3(5) of the B.N.S., 2023.
3. As per the prosecution case, on 21.08.2025 at about 7
PM, while the informant was at his house, the accused persons
allegedly came there, abused him, and assaulted him with sticks
and batons. During the incident, Kamaldeo Ram (petitioner)
allegedly hit Sujit Ram and Chhati Lal Ram on the head with a
rod, causing injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.15470 of 2026(2) dt.12-03-2026
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present case. it is next submitted that the Informant and the
petitioner are agnates and there is a case and counter case
between them and the entire family have been roped in this case.
It is next submitted that though there is specific allegation of
assault against the petitioner but, from the impugned order, it
appears that the injury caused is simple in nature and the other
accused persons have already been granted privilege of
anticipatory bail by the district court itself. Lastly, it is
submitted that the petitioner is a person of clean antecedent.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and taking
into account the fact that both the parties are agnates and there is
a case and counter case between the parties as also the injury
being simple in nature, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Accordingly, let the petitioner, above named, be
released on anticipatory bail in the event of his arrest or
surrender before the court below within a period of four weeks
from today on furnishing bail bond of Rs. 10,000/- (rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Saran at
Patna High Court CR. MISC. No.15470 of 2026(2) dt.12-03-2026
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Chapra in connection with Muffasil P.S. Case No. 483 of 2025,
subject to the condition 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 his 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
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