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Patna High Court

Rajaram DasversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to a bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Petitioner Rajaram Das was named in an FIR alleging offences under Sections 341, 323, 307, 379 and 504 of the Indian Penal Code for assaulting an informant and his family. He contended that he was falsely implicated due to village politics and that the police charge‑sheet only covered bailable offences, yet the trial court had taken cognizance of the non‑bailable Section 307. No weapon was used and there was no specific allegation against him. The petitioner had no prior criminal record, and co‑accused persons in the same case had already been granted anticipatory bail by other benches. The State opposed the bail, but the High Court, considering the clean antecedent, lack of specific charge, and the precedent of bail to co‑accused, ordered anticipatory bail subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the inclusion of Section 307, a non‑bailable offence, in the charge‑sheet.
  • Whether the petitioner’s clean antecedent and the grant of anticipatory bail to similarly situated co‑accused warrant the same relief.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • non‑bailable offence
  • political victimisation
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1974 of 2026
                  Arising Out of PS. Case No.-84 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai
                 ======================================================
                 Rajaram Das S/o Doman Das R/o Village- Khawa, Chandra Tola, P.S.-
                 Mednichowki, District- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Brajesh Sahay, Advocate
                                                  Ms. Harshita, Advocate
                                                  Ms. Amrita Kumari, Advocate
                                                  Mr. Umesh Prasad, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   07-04-2026                             Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                        2. The petitioner apprehends his arrest in a case

                   registered under Sections 341, 323, 307, 379 and 504 of the

                   Indian Penal Code.

                                    3. As per the F.I.R., it is alleged that all the named

                   accused persons including the petitioner abused and assaulted

                   the informant and his family members due to which they

                   sustained injuries.

                                    4.     Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case due to dirty village politics.
Patna High Court CR. MISC. No.1974 of 2026(3) dt.07-04-2026
                                            2/3




          Further submission is that the police, after investigation, has

          submitted charge-sheet only under bailable sections of I.P.C.,

          however, the learned Court concerned has taken cognizance for

          the offences including the penal provision of Section 307 of

          I.P.C. In the occurrence, no weapon has been used. There is no

          specific allegation against the petitioner. Similarly situated co-

          accused persons namely, Uday Kumar, Sanjit Kumar @ Bujhan,

          Shri Kumar and Mukesh Kumar have already been granted

          anticipatory bail by different Co-ordinate Benches of this Court

          vide orders dated 10.09.2025, 01.12.2025 and 03.12.2025

          passed in Cr. Misc. Nos. 63347 of 2025, 79185 of 2025 and

          74819 of 2025 respectively. Petitioner has got no criminal

          antecedent and he undertakes to cooperate in the trial.

                        5. Learned A.P.P. for the State opposed the prayer for

          bail.

                        6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties,

          similarly situated co-accused persons have been granted

          anticipatory bail and clean antecedent of the petitioner, let the

          above named petitioner be released on bail, in the event of arrest

          or surrender before the learned court below within a period of

          six weeks from today, on furnishing bail bond of Rs.10,000/-
            Patna High Court CR. MISC. No.1974 of 2026(3) dt.07-04-2026
                                                        3/3




                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned Judicial Magistrate-I,

                      Lakhisarai in connection with Mednichowki P.S. Case No. 84 of

                      2023, subject to the conditions as laid down under Section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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