Patna High Court
Ramesh Shah @ Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.