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Patna High Court

Ramdev Bin @ Ramdeo BinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to anticipatory bail as they have made out a prima facie case for release.

Summary

The petitioners, Ramdev and Dhiraj, sought pre‑arrest (anticipatory) bail in connection with PS‑Maharajganj Case No. 143 of 2020, which alleged offences under Sections 147, 341, 342, 323, 324, 307 and 435 of the IPC for assaulting an informant and setting fire to his hut. They contended that the allegations were vague, the injuries were simple, and the incident was a "free fight" between villagers with no specific motive, asserting a clean antecedent. The State opposed the bail on the ground of the seriousness of the offences. The High Court, after examining the record, noted that the injuries were indeed simple and the dispute appeared to be a mutual altercation, concluding that the petitioners had made out a prima facie case for bail. Accordingly, the Court directed the District Court to grant anticipatory bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the CrPC and verification of any pending criminal antecedent. The order is conditional and will lapse if any other case is pending against the petitioners.

Issues considered

  • Whether the petitioners are entitled to anticipatory (pre‑arrest) bail in view of the alleged offences under the IPC.
  • Whether the nature of the injuries and the context of a "free fight" justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • Indian Penal Code
  • Criminal Procedure Code
  • assault
  • arson
  • free fight
  • bail jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18935 of 2026
                    Arising Out of PS. Case No.-143 Year-2020 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
           1.     Ramdev Bin @ Ramdeo Bin Son of Jatan Bin Resident of Village - Balia,
                  P.S. - Maharajganj, District - Siwan.
           2.    Dhiraj Bin @ Dhiraj @ Niraj Kumar Son of Ramdev Bin @ Ramdeo Bin
                 Resident of Village - Balia, P.S. - Maharajganj, District - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :      Mr.Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   30-04-2026                     Heard Mr. Bijay Prakash Singh, learned counsel

                   appearing on behalf of the petitioners and Mr. Akshay Lal

                   Pandit, learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in connection

                   with Maharajganj P.S. Case No. 143 of 2020 registered under

                   Sections 147, 341, 342, 323, 324, 307, 435 of the I.P.C..

                                3. As per the allegation made in the FIR, while the

                   informant had gone to bring back his grazing goat, the

                   petitioners along with other accused persons allegedly

                   surrounded him and assaulted him with lathi and sharp weapons

                   causing injuries, also assaulted the interveners and set fire to his

                   hut.
Patna High Court CR. MISC. No.18935 of 2026(3) dt.30-04-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have been falsely implicated in the

          present case. The allegations are general and omnibus in nature,

          particularly against petitioner no. 2, and even so far as petitioner

          no. 1 is concerned, the allegation is confined to a single lathi

          blow. The injury report discloses only simple injuries caused by

          hard and blunt substance. The present case is a counter-blast to

          Maharajganj P.S. Case No. 141 of 2020 instituted earlier by the

          wife of a co-accused, indicating a case of free fight between co-

          villagers, with no specific motive attributed in the F.I.R. The

          petitioners have clean antecedent. On these grounds, the

          petitioners seek to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the record, it appears

          that the injuries sustained by the informant are simple in nature

          caused by hard and blunt substance. There is a case and a

          counter-case between the parties arising out of a free fight

          between co-villagers. Accordingly, considering the aforesaid

          circumstances I am of the opinion that the petitioners have,

          prima facie, made out a case to be released on pre-arrest bail.
           Patna High Court CR. MISC. No.18935 of 2026(3) dt.30-04-2026
                                                       3/3




                                  7. The learned District Court is directed to release the

                     petitioners on anticipatory bail, in the event of their arrest or

                     surrender before the learned District Court within a period of

                     four weeks from today, on furnishing bail bond of Rs. 10,000/-

                     (Ten thousand) with two sureties of the like amount each, to the

                     satisfaction of learned District Court where the case is pending

                     in connection with Maharajganj P.S. Case No. 143 of 2020,

                     subject to the condition as laid down under Section 482(2) of

                     the B.N.S.S.

                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioners, as stated in

                     paragraph no. 3 of the bail application. If any other case is

                     pending against the petitioners, as what has been stated in

                     paragraph no. 3, this order will lose its force automatically.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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