Patna High Court
Swaminath RamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied the petitioner's application for regular bail.
Summary
The petitioner, Swaminath Ram, applied for regular bail in a case arising from a dispute in which he allegedly struck the informant's son, leading to a chain of assaults that resulted in the son's death. The prosecution contended that the petitioner’s assault, followed by further attacks with lathi and danda, caused fatal injuries, as supported by the post‑mortem report. The petitioner argued that he was falsely implicated, had no weapon involvement, no criminal antecedent, and that the post‑mortem did not implicate him. The State opposed bail, relying on the FIR allegations and the post‑mortem findings. After hearing both sides, the court declined to grant bail, noting the seriousness of the allegations and the evidence, but allowed the petitioner to renew the bail plea after four months or upon framing of charges. The bail application was therefore rejected.
Issues considered
- Whether regular bail should be granted to the petitioner despite allegations of assault leading to death
- Whether the evidence, including the post‑mortem report, justifies denial of bail under the Bhartiya Nyaya Sanhita
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 190, 191(2), 3(5), 351(2), 352
Subjects
- regular bail
- assault
- homicide
- post‑mortem report
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17583 of 2026
Arising Out of PS. Case No.-437 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Swaminath Ram S/O Late Bilash Ram Resident of Village- Rampur Madho,
Tola Bhedihari, P.S.- Kuchaikote, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhanshu Kumar Lal, Sr. Advocate
Mr. Javed Aslam, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kuchaikote P.S. Case
no.437 of 2025, registered under sections 190, 191(2), 103(1),
352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, over a dispute it is
stated that the petitioner and one another abused the son of the
informant. The petitioner is said to have given a blow with a fist
on the nose of the informant’s son as a result of which he fell
down unconscious. Thereafter, it is stated that on his instigation
his son as also other family members assaulted him with lathi,
danda seriously injuring him resulting in his subsequent death
in course of treatment.
4. Learned Senior counsel appearing for the petitioner
Patna High Court CR. MISC. No.17583 of 2026(2) dt.25-03-2026
2/2
submits that the petitioner has been falsely implicated in the
case. The petitioner is not alleged to have assaulted the deceased
with any weapon. The postmortem report does not support the
allegations so far as the petitioner is concerned. The petitioner is
in custody since 27.9.2025 and has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State, who submits that it was as a result of assault by the
petitioner and his family members that the son of the informant
died. The allegations are supported from the contents of the
postmortem report.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR and the contents of postmortem report as evident from
the order of the learned trial Court, in the facts and
circumstances of the case, the Court is not inclined to enlarge
the petitioner on bail and the application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after four months or on framing on charge,
whichever is later.
(Partha Sarthy, J)
Shiv/-
U T
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