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Patna High Court

Gupteshwar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, seven residents of Chatra village, applied for anticipatory bail after an incident on 10 June 2025 near Fauji Line Hotel where a mob clash and police action occurred. They were alleged to have participated in obstructing police under Sections 191(2), 223 and 132 of the B.N.S., but claim they were merely onlookers and falsely implicated by the informant. The petitioners argued they have clean antecedents (except a few with a single prior case) and would cooperate with the investigation if bail is granted. The State opposed the bail, contending the seriousness of the offences and risk of tampering with evidence. The High Court, after considering the submissions, directed that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the B.N.S.S., and ordered the application allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused under Sections 191(2), 223 and 132 of the B.N.S.
  • Whether the petitioners are likely to abscond, tamper with evidence or influence witnesses if released on bail
  • Whether the informant's allegations constitute sufficient ground to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • mob violence
  • Section 191
  • Section 223
  • Section 132
  • Section 482
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17009 of 2026
                       Arising Out of PS. Case No.-184 Year-2025 Thana- DAWATH District- Rohtas
                 ======================================================
           1.     Gupteshwar Ram Son of Ram Narayan Ram @ Jhanjhu Ram Resident of
                  Village- Chatra PS -Dawath District -Rohtas
           2.    Rupesh Ram @ Bhupesh Ram @ Bhupesh Kumar Son of Butan Ram
                 Resident of Village- Chatra PS -Dawath District -Rohtas
           3.    Vijendra Ram Son of Ram Narayan Ram @ Jhanjhu Ram Resident of
                 Village- Chatra PS -Dawath District -Rohtas
           4.    Dawaloo Ram @ Dablu Kumar Son of Late Sipahi Ram Resident of Village-
                 Chatra PS -Dawath District -Rohtas
           5.    Ashok Ram Son of Butan Ram Resident of Village- Chatra PS -Dawath
                 District -Rohtas
           6.    Birendra Ram @ Birendra Kumar son of Late Bharat Ram Resident of
                 Village- Chatra PS -Dawath District -Rohtas
           7.    Muneshwar Ram @ Muneshar Ram Son of Ram Narayan Ram @ Jhanjhu
                 ram Resident of Village- Chatra PS -Dawath District -Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar Singh
                 For the Opposite Party/s :       Mr.Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 191(2), 223 and 132 of the B.N.S.

                                3. The learned counsel for the petitioners submits that

                   the petitioner nos.1, 3, 6 and 7 are persons with clean antecedent
Patna High Court CR. MISC. No.17009 of 2026(2) dt.08-04-2026
                                            2/3




          and petitioner nos.2, 4 and 5 have antecedent of one case and

          the informant alleges that on 10.06.2025 at 8.30 A.M., he

          received an information that near Fauji Line Hotel fight ensued

          between two groups. Accordingly, the police force reached the

          place of occurrence and saw more than 100 villagers have

          gathered and had blocked the highway and also disclosed that

          owner of Fauji Line Hotel assaulted their people and even fired.

          Further, shooter Sonu and Lalan are hiding in the hotel with

          their family, accordingly, the place was raided and owner of

          Fauji Line Hotel was apprehended as cartridges were recovered,

          but the mob on seeing the owner of Fauji Line Hotel became

          enraged and excited and thus, created ruckus and thus,

          obstructed the police in discharge of their official duty and the

          occurrence was videographed.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that no doubt, the petitioners’

          faces found recorded in the video footage, but then, petitioners

          are resident of nearby place where the occurrence is alleged to

          have taken place and when mob gathered, the petitioners out of

          inquisitiveness went to the place of occurrence to witness the

          occurrence when they came to be implicated. It is also
               Patna High Court CR. MISC. No.17009 of 2026(2) dt.08-04-2026
                                                           3/3




                         submitted that if privilege of anticipatory bail is granted, the

                         petitioners will not abscond rather will cooperate in the

                         investigation to prove their innocence.

                                      5. Learned A.P.P. opposes the anticipatory bail

                         application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioners, the petitioners, above-named, in the

                         event of their arrest or surrender before the learned Court below

                         within a period of six weeks, are directed to be released on

                         anticipatory bail on their furnishing bail-bonds in the sum of Rs.

                         10,000/- (Rupees Ten Thousand) each with two sureties of the

                         like amount each to the satisfaction of the learned Trial Court

                         where the case is pending/successor Court in connection with

                         Dawath P. S. Case No.184 of 2025, subject to the conditions laid

                         down under Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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