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Patna High Court

Ramayan OjhaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Ramayan Ojha, a 78‑year‑old resident of Buxar, was named in an FIR under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly assaulting a man who died on the spot. The petitioner claimed innocence, stating that the police investigation had concluded without specific allegations against him and that co‑accused persons had already been granted anticipatory bail. The State opposed the bail application. The court considered the petitioner’s advanced age, clean criminal record, the fact that similarly situated co‑accused had been released on anticipatory bail, and the lack of specific incriminating material. Accordingly, the court ordered that the petitioner be released on anticipatory bail if arrested, subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the FIR under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • old age
  • false implication
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 103
  • Section 3
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24060 of 2026
                         Arising Out of PS. Case No.-91 Year-2024 Thana- MURAR District- Buxar
                 ======================================================
                 Ramayan Ojha son of Late Kailash Ojha Resident of village- Ojha Baraon
                 Police Station -Murar District -Buxar, Bihar            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gajendra Nath Ojha, Advocate
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-04-2026                           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 103(1) and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                   3. As per the F.I.R., informant alleged that due to

                   old dispute, 11 F.I.R. named accused persons including the

                   petitioner assaulted the husband of the informant with lathi-

                   danda, as a result of which, he died on the spot.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Further submission is that

                   police after investigation has filed the final form, however,

                   differing with the same, the Court concerned has taken

                   cognizance against the petitioner. There is no specific allegation

                   against the petitioner. Similarly situated co-accused persons
            Patna High Court CR. MISC. No.24060 of 2026(2) dt.17-04-2026
                                                        2/2




                      have already been granted anticipatory bail by a Co-ordinate

                      Bench of this Court vide order dated 07.04.2026 passed in Cr.

                      Misc. No. 19893 of 2026. Petitioner is an old man, aged about

                      78 years, having 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, old age of the petitioner and his fair

                      antecedent, 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 Sub-Divisional

                      Judicial Magistrate, Buxar in connection with Murar P.S. Case

                      No. 91 of 2024, 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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