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Patna High Court

Ajay RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, holding that the evidence was insufficient to justify denial of bail.

Summary

The petitioners, Sanjay Ram and Ajay Ram, sought anticipatory bail fearing arrest in a murder case (Gaighat P.S. Case No. 202 of 2024) where the deceased was the informant's ten‑year‑old son. The prosecution alleged that the petitioners fled the scene after the body was discovered and that they had threatened the informant, citing a land dispute between the parties. The petitioners contended that they were falsely implicated, with no eyewitness evidence and that the allegations were based merely on suspicion; Sanjay Ram had a clean record while Ajay Ram had two prior convictions. The State opposed the bail, arguing the seriousness of the offences. The Court examined the case diary, noted the lack of direct evidence, and considered the petitioners' antecedents, concluding that anticipatory bail was appropriate. Consequently, the Court ordered that the petitioners be released on bail upon surrender, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted in the absence of eyewitness evidence and on the basis of suspicion alone
  • Whether the petitioners' criminal antecedents justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • suspicion
  • land dispute
  • criminal antecedent
  • section 482

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.14671 of 2026
                    Arising Out of PS. Case No.-202 Year-2024 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Sanjay Ram Son of Late Ganesh Ram Resident of Village - Baghakali, P.S.-
                 Gaighat, District – Muzaffarpur.                      ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                                                         with
                            CRIMINAL MISCELLANEOUS No. 18738 of 2026
                    Arising Out of PS. Case No.-202 Year-2024 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Ajay Ram Son of Late Ganesh Ram R/o Village - Baghakhal, P.S. - Gaighat,
                 Dist. - Muzaffarpur.                                   ... ... Petitioner/s
                                                Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 14671 of 2026)
                 For the Petitioner/s     : Mr. Alok Kumar Alok, Adv
                 For the Opposite Party/s : Mr. Uday Pratap Singh, APP
                 (In CRIMINAL MISCELLANEOUS No. 18738 of 2026)
                 For the Petitioner/s     : Mr. Alok Kumar Alok, Adv
                 For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER
3   29-04-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                               2. The petitioners apprehend their arrest in connection

                   with Gaighat P.S. Case No. 202 of 2024, registered for the

                   offence punishable under Sections 103(i)/238/61(2)/115(2)/

                   351(2)/ 3(5) BNS.

                               3. The case of the prosecution, in short, as per the

                   informant is that on 06.08.2024, the dead body of informant's

                   ten years old son was found hanging from a tree and when

                   informant reached at the place of occurrence, he saw accused-
Patna High Court CR. MISC. No.14671 of 2026(3) dt.29-04-2026
                                            2/3




          petitioner Sanjay Ram fleeing away from there. The informant

          alleged that accused Mahendra Ram had quarreled with his wife

          one month ago and had threatened to eliminate informant's son.

          The informant concluded by stating that Ajay Ram and Sanjay

          Ram used to quarrel with him and had been issuing threatening

          to kill him.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. The

          petitioners have falsely been implicated in the present case due

          to suspicion. No specific allegation has been made against the

          petitioners. The informant and petitioners are agnates and there

          is land dispute between them. The petitioner-Sanjay Ram has no

          criminal antecedent and the petitioner-Ajay Ram has two

          criminal antecedents.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. From the perusal of the case diary, it appears that

          the petitioners have been implicated in this case merely on

          suspicion. There is no eye witness to the alleged incident.

          Petitioner-Sanjay Ram has clean antecedent and petitioner-Ajay

          Ram has two criminal antecedent but in both the cases, he is

          said to be on jail. Under these circumstances, this Court is
            Patna High Court CR. MISC. No.14671 of 2026(3) dt.29-04-2026
                                                        3/3




                      inclined to grant privilege of anticipatory bail to the petitioners.

                                   7. Let the petitioners, named above, in the event of

                      their arrest or surrender before the Court below within four

                      weeks from today, be released on bail on furnishing bail bond of

                      Rs.10,000/- (Ten thousand) each with two sureties of the like

                      amount each to the satisfaction of the learned Judicial

                      Magistrate 1st Class (East), Muzaffarpur in connection with

                      Gaighat P.S. Case No. 202 of 2024, subject to the conditions

                      laid down under section 482(2) of the                  Bharatiya Nagarik

                      Suraksha Sanhita, 2023 and subject to the further condition

                      that:-

                                   (i)   the     petitioners       shall   co-operate   in   the

                      investigation/trial.

                                   (ii) the learned Court would, however, verify the

                      criminal antecedent of the petitioners and in case it is found that

                      the petitioners have concealed their criminal antecedent, the

                      Court below shall take step for cancellation of bail bond of the

                      petitioners. However, it is expected that the verification process

                      would be done expeditiously without causing any delay.



                                                        (Alok Kumar Sinha, J)
kiran/-
U       T


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