Patna High Court
Ramayan OjhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
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
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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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