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Patna High Court

Ramesh Shah @ Ramesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

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

Summary

The petitioner, Ramesh Shah, was implicated in a case registered under Sections 126(2), 117(2), 110, 118(1), 303(2), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly assaulting the mother of an informant with a bamboo stick. He contended that the allegations arose from a petty village dispute, that the FIR was lodged two days after the incident without justification, and that he has no risk of absconding or tampering with evidence despite having prior criminal antecedents. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the facts, the petitioner’s willingness to cooperate, and the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to strict conditions of cooperation, non‑tampering, and non‑commission of further offences. The bail order also empowered the trial court to cancel the bail if the petitioner violates any of the stipulated conditions. The decision reflects the Court’s balancing of the presumption of innocence against the nature of the charges.

Issues considered

  • Whether bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences and the circumstances of the case

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20192 of 2026
                   Arising Out of PS. Case No.-610 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Ramesh Shah @ Ramesh Kumar S/O Kapil Shah @ Kapil Deo Sah R/O
                 Village- Sugaondih Ward no. 8 Sugauli, P.S- Sugauli, Distt.- East Champaran.
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar II, Advocate
                 For the Opposite Party/s :       Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

5   08-07-2026                           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 126(2), 117(2), 110, 118(1), 303(2),

                   115(2) and 3(5) of the Bharatiya Nyaya Sanhita.

                                   3. As per the F.I.R., on the alleged date and time of

                   occurrence, all the accused persons including the petitioner

                   came at the house of the informant and started abusing. When

                   family members of the informant objected, all the accused

                   persons assaulted the mother and the father of the informant. It

                   is alleged that petitioner assaulted the informant’s mother with

                   bamboo stick due to which she sustained injuries. The accused

                   persons also assaulted the family members of the informant.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.20192 of 2026(5) dt.08-07-2026
                                            2/3




          been implicated in the present case. Further submission is that

          both the parties are co-villagers and due to petty dispute, quarrel

          took place between them causing injury to injured. There is

          delay of two days in lodging the F.I.R. without any plausible

          explanation. Allegation of assault is against the eight accused

          persons including the petitioner. Although, petitioner has got

          four criminal antecedents but three cases have been lodged by

          his brother’s wife and one case by his pattidar. Petitioner is on

          bail in all the cases. Petitioner undertakes to cooperate in the

          investigation and trial. There is no chance of absconding of the

          petitioner or tampering with the evidence.

                        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 and

          nature of allegation, 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/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Chief Judicial Magistrate, Motihari, East Champaran in

          connection with Sugauli P.S. Case No. 610 of 2025, subject to
            Patna High Court CR. MISC. No.20192 of 2026(5) dt.08-07-2026
                                                        3/3




                      the conditions as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita with further conditions:-

                                   (i) Petitioner shall co-operate in the investigation and

                      trial of the case and shall remain present on each and every date

                      during trial and in his absence on two consecutive dates, the trial

                      court is at liberty to cancel his bail bond.

                                 (ii) If the petitioner tampers with the evidence or the

                      witnesses of the case, in that case, prosecution will be at liberty

                      to move for cancellation of bail of the petitioner.

                                 (iii) the petitioner shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of his bail bond.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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