Created by Fuzzy Cloud

Patna High Court

Ram Vinay Sharma @ Ram Binay SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants anticipatory bail to the petitioner subject to the specified conditions and payment to the informant.

Summary

The petitioner, Ram Vinay Sharma, sought anticipatory bail fearing arrest in a police case (No.193/2023) involving offences under Sections 448, 341, 323, 337, 307, 379, 504 and 34 of the Indian Penal Code. The prosecution alleged that the petitioner participated in assault, theft and other violent acts after a temple visit, resulting in injuries to the victims. The petitioner argued that he has no prior criminal record, the injuries were simple, and he was willing to pay Rs.5,000 to the informant as compensation. The Court, considering the lack of antecedents and the petitioner's offer, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and several conditions including monthly police attendance and non‑tampering with witnesses. Additionally, the Court noted an irregularity concerning an affidavit signed by a former Oath Commissioner and ordered a show‑cause notice. The order directs that the petitioner be released on bail if arrested or surrendered within four weeks, subject to compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the petitioner’s lack of criminal antecedent and willingness to pay compensation justify granting bail
  • Whether the conditions imposed, including payment to the informant and attendance requirements, are lawful

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • bail conditions
  • criminal antecedent
  • affidavit irregularity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1571 of 2026
                    Arising Out of PS. Case No.-193 Year-2023 Thana- MUFFASIL District- Aurangabad
                 ======================================================
                 Ram Vinay Sharma @ Ram Binay Sharma S/o Late Ragho Sharma R/o
                 Mohalla- Bhaskar Nagar, P.S.- Muffasil, District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Singh, Advocate
                 For the State            :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-02-2026                          Heard the parties.

                                 2. The petitioner is apprehending his arrest in

                   connection with Aurangabad (Muffasil) P.S. Case No. 193 of

                   2023 registered for the offence under Sections 448, 341, 323,

                   337, 307, 379, 504 and 34 of the Indian Penal Code, lodged on

                   12.05.2023 by the informant, Abhishek Pandey.

                                 3. As per the prosecution story, the informant alleged

                   that after worshiping from the temple, as they were returning,

                   allegation is that the accused persons after abuse, assaulted.

                   While Kavita Devi gave stone chip injury on the head, Pawan

                   Kumar took the gold chain and also the amount, when the

                   informant’s brother came to rescue, the petitioner and Sweety

                   Kumari assaulted with wooden rod on the head. This followed

                   the F.I.R..
Patna High Court CR. MISC. No.1571 of 2026(2) dt.04-02-2026
                                            2/4




                       4. Learned counsel for the petitioner has taken this

          Court to show that the injuries by the Doctor at Sadar Hospital,

          Aurangabad have found the same to be simple in nature. The

          petitioner do not have criminal antecedent and the last

          submission is that without accepting the allegation or outcome

          of the present petition, the petitioners intend to pay Rs.5,000/- to

          the informant towards treatment by Demand Draft issued by the

          local branch of the State Bank of India/any Nationalized Bank

          to be submitted at the time of execution of bail bond.

                       5. Learned APP opposes the prayer submitting that he

          allegation is there against the petitioner.

                       6. Considering the submissions of the parties as also

          that he has no criminal antecedent, in that background, this

          Court is inclined to extend him the privilege of anticipatory bail

          subject to payment of Rs.5,000/- to the informant as undertaken

          by the learned counsel for the petitioner through Demand Draft

          issued by the local branch of the State Bank of India/any

          Nationalized Bank to be submitted at the time of execution of

          the bail bond and the same shall be handed over to the informant

          after checking the credentials.

                       7. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the
Patna High Court CR. MISC. No.1571 of 2026(2) dt.04-02-2026
                                            3/4




          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Aurangabad,

          in connection with Aurangabad (Muffasil) P.S. Case No. 193 of

          2023 subject to the following conditions:-

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;

                       (ii) the petitioner 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/her

          bail bond by the Trial Court itself;

                       (iii) the petitioner shall appear before the concerned

          police station every month for next six months to mark his

          attendance and at the end of the period a certificate be submitted

          before the Trial Court failing which the State shall be at liberty

          to take steps for cancellation of bail bonds;

                       (iv) the petitioner 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;
            Patna High Court CR. MISC. No.1571 of 2026(2) dt.04-02-2026
                                                        4/4




                                   (v) the petitioner shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.

                                   8. Having passed the order, this Court has taken note

                      of    the affidavit portion wherein it is found that Mr. Ravi

                      Ranjan who ceased to be Oath Commissioner on 17.12.2025

                      despite direction issued by the Patna High Court continued to

                      sign/function as Advocate Oath Commissioner and has put a

                      stamp on this affidavit too vide Oath No. 45301 dated

                      05.01.2026. How and under what circumstance the office chose

                      to ignore the matter and certified this petition to be defect free

                      on 07.01.2026 and/or chose not to bring this illegal practice of

                      ex-Oath Commissioner to the notice of the appropriate Registry

                      Authority, the same be explained by way of show cause.

                                   9. List this case on 11.02.2026 under the heading ‘To

                      Be Mentioned’ to peruse the show cause of the concerned

                      office.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

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