Patna High Court
Biru Ram @ Biru KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, Biru Ram, Sonu Ram and Riban Kharwar, applied for regular bail in a case registered under several IPC sections (190, 191(2), 191(3), 303(2), 109, 324(4), 324(5), 351(2)) and Section 27 of the Arms Act. The prosecution alleged that the accused were armed and that co‑accused Subhas Paswan fired a katta, though the informant escaped injury. The petitioners contended they were innocent, no firearm injury occurred, and the case was false, arising from a land‑dispute between the informant and Subhas Paswan, who had already been granted bail. They had been in judicial custody since 1 August 2025. The State opposed bail, but the court, after hearing both sides, found the petitioners’ arguments persuasive and ordered their release on bail with a bond of Rs 10,000 each and two sureties. The order effectively granted regular bail to the petitioners.
Issues considered
- Whether the petitioners are entitled to regular bail despite charges under multiple IPC sections and the Arms Act
- Whether the allegations constitute a false case arising from a land dispute
- Whether the bail granted to co‑accused Subhas Paswan influences the bail application of the petitioners
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 109, 190, 191(2), 191(3), 303(2), 324(4), 324(5), 351(2)
Subjects
- regular bail
- IPC
- Arms Act
- false case
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23041 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- DINARA District- Rohtas
======================================================
1. Biru Ram @ Biru Kumar S/O Mohan Ram R/O Village- Belbaiya, PS-
Dinara, Distt-Rohtas
2. Sonu Ram S/O Jhulaku Ram R/O Village- Belbaiya, PS- Dinara, Distt-
Rohtas
3. Riban Kharwar @ Kuldeep Kharwar S/O Late Nagina Kharwar R/O Village-
Belbaiya, PS- Dinara, Distt-Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Kumar Paswan, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 08-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 191(2),
191(3), 190, 303(2), 109, 324(4), 324(5), 351(2) of BNS and
Section 27 of the Arms Act.
3. The case of the prosecution is that thirteen named
accused persons are said to have come variously armed. It is
further alleged that one co-accused Subhas Paswan fired with a
katta, however, the informant was somehow saved.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.23041 of 2026(3) dt.08-04-2026
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petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that no one
has sustained any firearm injury. Learned counsel has further
submitted that co-accused Subhas Paswan has no direct dispute
with the informant. In fact, the land of the informant declared
surplus having been settled with Subhas Paswan. The informant
is not ready to let co-accused Subhas Paswan continue in
peaceful possession of the said land. It is for this reason that the
false case has been registered and these petitioners have also
been implicated in this case along with co-accused Subhas
Paswan. Charge sheet has been submitted in this case. Learned
counsel has also submitted that Subhas Paswan has already been
granted bail by learned co-ordinate Bench of this court vide Cr.
Misc. No. 12396 of 2026. Moreover, the petitioners are
languishing in judicial custody since 01.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Dinara P.S. Case No. 154 of 2025 on furnishing bail bond of
Patna High Court CR. MISC. No.23041 of 2026(3) dt.08-04-2026
3/3
Rs.10,000/- (ten thousand) each of them with two sureties of the
like amount each to the satisfaction of learned J.M. 1st Class,
Bikramganj, Rohtas.
(Ashok Kumar Pandey, J)
shubham/-
U T
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