Patna High Court
Ramji PrasadversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused to grant bail to the petitioner.
Summary
Ramji Prasad, accused of multiple offences under the Bihar Narcotic Substances Act, 2023 and the Arms Act, was alleged to have participated in a violent assault on an informant's family, including an acid attack, shootings, and the death of the informant's niece. He has been in custody since 23 September 2024 and a bail petition was filed after a prior denial. The prosecution presented specific allegations, witness testimony, and a post‑mortem report linking the petitioner to the shooting that caused the death. The petitioner argued that the trial had not progressed and sought bail. The court, considering the seriousness of the charges, the evidence, and the ongoing trial, refused to grant bail and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to the petitioner despite the grave nature of the offences and the evidence against him
- Whether the stage of the trial and the number of witnesses examined justify the grant of bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 109, 115(2), 118(1), 118(2), 124(2), 125(b), 126(2), 190, 191(2), 191(3), 326(g), 329(3), 351(2), 351(3), 352, 61(2)
Subjects
- bail
- criminal procedure
- serious offences
- arms act
- narcotic act
- trial delay
- evidence
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16356 of 2026
Arising Out of PS. Case No.-393 Year-2024 Thana- MADHUBAN District- East Champaran
======================================================
Ramji Prasad S/O Late Bhikhari Bhagat Residence of village- Banki Tikam,
P.S - Madhuban, Dist- East Champaran at Motihari
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
For the Informant : Mr. Anil Kumar Chaudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 19-06-2026 Heard Mr. Binay Kumar, learned counsel for the
petitioner, Mr. Anil Kumar Chaudhary, learned counsel for the
informant and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.09.2024 in connection with Madhuban P.S. Case No. 393 of
2024 for the offences punishable under Sections 191(2), 191(3),
190, 126(2), 115(2), 329(3), 326(g), 125(b), 118(1), 118(2), 109,
103(1), 352, 351(2), 351(3), 61(2), 124(2) of the BNS, 2023 and
Sections 27, 25(1-B)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in brief, is that as per
the written application of the informant-Premchandra Kumar, is
that on 21.09.2024 at about 7:00 AM all the accused persons
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named in the F.I.R. including this petitioner and 5-7 unknown
persons armed with Lathi-Danda, Iron rod, Lukari and country
made pistols attacked on the ancestral house of the informant
and also set the house of informant's brother Anil Prasad on fire.
It is further alleged that when the informant, his brothers Anil
Prasad and Krimchandra Kumar and niece (Bhagini) Sonika
Kumari tried to stop them Ramji Prasad (accused-petitioner)
threw acid on the body of informant's mother Binda Devi, but
she saved herself. The petitioner Ramji Prasad (accused-
petitioner) shoot Sonika Kumari by country made pistol, due to
which she sustained gunshot injury on her neck and fell down
on the ground. Co-accused Vivek Kumar fired by country made
pistol on Anil Prasad, due to which he sustained gunshot injury
on his left hand and co-accused Sujit Kumar started
indiscriminate firing with country made pistol. Co-accused
Sakaldeo Prasad gave repeated blows of Sword on the
informant, due to which he sustained injuries on his head and
hand and fell down on the ground and co-accused Shail Devi
gave repeated blows of Farsa on the head of informant's sister-
in-law Sunita Devi, due to which she sustained injuries on her
head. On hearing hulla, villagers came there and brought the
injured to Madhuban Government Hospital, where doctor
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referred Sonika Kumari to Sadar Hospital, Motihari for better
treatment, but on the way, she died.
4. Learned counsel for the petitioner submits that
earlier the bail petition of the petitioner was rejected vide order
dated 27.06.2025 passed in Cr. Misc. No. 34218 of 2025 and
petitioner is in custody since 23.09.2024 and the trial has not
been progressed.
5. The learned Additional Public Prosecutor for the
State and learned counsel for the informant, on the other hand,
have vehemently opposed the prayer for bail of the petitioner
and submit that there is direct and specific allegation against the
petitioner that he has fired upon the niece of the informant,
namely, Sonika Kumari and later on she has died. Apart from
that number of witnesses have supported the case of the
prosecution and postmortem report also supports the allegation
as alleged in the FIR. It is next submitted that as far as trial is
concerned, the trial is going on and out of nine charge-sheet
witnesses, seven witnesses have been examined and only doctor
and Investigating Officer has to be examined.
7. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Madhuban P.S. Case No. 393 of 2024 pending
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in the court of learned JM 1st Class, East Champaran at
Motihari. However, the learned trial court is directed to expedite
and conclude the trial at the earliest.
8. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
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