Patna High Court
Ram Vinay Sharma @ Ram Binay SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 307, 323, 337, 34, 341, 379, 448, 504
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
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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
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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
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(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
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