Patna High Court
Rajaram DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 307, 323, 341, 379, 504
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
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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
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(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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