Created by Fuzzy Cloud

Patna High Court

Mukesh RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, in the absence of specific incriminating evidence and considering parity and the petitioners' fair antecedent, anticipatory bail should be granted.

Summary

The petitioners Mukesh Ram, Sabita Devi and Jaila Devi applied for anticipatory bail after being named in FIR No.237 of 2025 for multiple offences under the Bharatiya Nyaya Sanhita, 2023. They argued that the informant was not an eye‑witness, no specific overt act was attributed to them, and that many other accused had already been granted bail, while they have a fair antecedent. The State opposed bail, contending that the petitioners participated in a brutal assault that caused serious injuries to seven persons. The Court, noting the lack of direct evidence against the petitioners, the principle of parity with similarly situated accused, and their clean record, ordered that they be released on bail upon surrender within four weeks, subject to a bond of Rs.10,000 with two sureties and the condition that one bailor be a close relative. The order was made under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged in the FIR.
  • Whether the petitioners can be considered eye‑witnesses or have any specific incriminating act attributed to them.
  • Whether the principle of parity with other accused who obtained bail and the petitioners' fair antecedent justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • fair antecedent
  • parity
  • serious offences
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15476 of 2026
                    Arising Out of PS. Case No.-237 Year-2025 Thana- MEHSI District- East Champaran
                 ======================================================
           1.     Mukesh Ram, Son of Ruplal Ram, Resident of Vill- Bhimlapur, P.S.- Mehsi,
                  Dist- East Champaran.
           2.    Sabita Devi, wife of Mukesh Ram, Resident of Vill- Bhimlapur, P.S.- Mehsi,
                 Dist- East Champaran
           3.    Jaila Devi wife of Ruplal Ram, Resident of Vill- Bhimlapur, P.S.- Mehsi,
                 Dist- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sitesh Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   01-07-2026                  Heard learned Advocate for the petitioners and the

                   learned APP for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Mehsi P.S. Case No. 237 of 2025 registered for

                   the offences under Sections 126(2), 115(2), 118(1), 109, 76,

                   303(2), 190, 191(2), 352, 351(2) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. While the informant was sitting at her door, she

                   came to know through the villagers that the accused persons

                   named in the F.I.R. have brutally assaulted several members of

                   her family by means of Lathi, Garasa, Farsa and Sword, due to
Patna High Court CR. MISC. No.15476 of 2026(4) dt.01-07-2026
                                            2/3




          which they sustained serious injuries and were taken to hospital.

                       4. Learned Advocate for the petitioners submitted that

          the informant is not an eye witness to the alleged occurrence

          and in fact the F.I.R. has been lodged against 66 named accused

          persons, including the petitioners. The prosecution has not

          attributed any specific overt act to the present petitioners;

          moreover, out of seven persons, four of them sustained simple

          injuries. With respect to remaining persons, the nature of injury

          has been kept reserved. Taking note of the aforesaid facts, other

          identically situated persons, who have approached the Court for

          grant of anticipatory bail, their prayer has been allowed by the

          learned coordinate Bench of this Court in 4930 of 2026 vide

          order dated 07.04.2026, the copy of which has been placed on

          record. The petitioners are the persons of fair antecedent.

                       5. On the other hand, learned APP for the State

          vehemently opposes the bail application and submits that the

          petitioners along with others brutally assaulted the informant’s

          family members, due to which seven persons have sustained

          serious injuries.

                       6. Regard being had to the submissions made on

          behalf of the parties and taking into consideration the genesis of

          the occurrence, coupled with the omnibus nature of allegation;
             Patna High Court CR. MISC. No.15476 of 2026(4) dt.01-07-2026
                                                         3/3




                       besides the fact that the case of the petitioners are based on

                       parity and they bear fair antecedent, let the petitioners, named

                       above, in the event of their arrest or surrender before the court

                       below within four weeks from the date of receipt/production of

                       a copy of this order, be released on bail on furnishing bail bonds

                       of Rs.10,000/- (Rupees ten thousand) each with two sureties of

                       the like amount each to the satisfaction of learned Judicial

                       Magistrate, 1st Class, East Champaran, Motihari in connection

                       with Mehsi P.S. Case No. 237 of 2025, subject to the condition

                       as laid down under Section 482 (2) of the Bharatiya Nagarik

                       Suraksha Sanhita, 2023 with the further condition that one of

                       the bailors shall be the own/close relative of the petitioners.



                                                   (Harish Kumar, J)
uday/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.