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Patna High Court

Kamaldev Ram @ Kamaldev Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                        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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