Patna High Court
Rajesh RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court ordered the petitioner to be released on bail upon surrender within six weeks, subject to the stipulated bond and conditions.
Summary
Petitioner Rajesh Ram feared arrest in a case filed under Sections 137(2) and 140(3) of the Bharatiya Nagrik Suraksha Sanhita, alleging that he and others had taken the informant's son to a dance party from which he did not return. The petitioner claimed he was falsely implicated due to village politics and that the informant’s son habitually runs away, leading to a mistaken identification. The informant later admitted the mistake and filed a compromise petition, and the petitioner has no prior criminal record. Both parties' counsel agreed that the allegation stemmed from a misunderstanding. The court, considering the clean antecedent and the informant’s concession, ordered that the petitioner be released on bail upon surrender within six weeks, subject to a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether bail should be granted to the petitioner pending trial under Sections 137(2) and 140(3) of the Bharatiya Nagrik Suraksha Sanhita
- Whether the circumstances, including the informant’s admission of mistake and the petitioner’s clean record, justify bail under Section 482(2) of the B.N.S.S.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 137(2), 140(3), 482(2)
Subjects
- bail
- false implication
- village politics
- compromise petition
- criminal procedure
- Section 137
- Section 140
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24156 of 2026
Arising Out of PS. Case No.-210 Year-2025 Thana- WARISNAGAR District- Samastipur
======================================================
Rajesh Ram Son of Late Raghu Ram Resident of Village- Rohua Paschimi,
P.S.- Waris Nagar, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shiv Dulari Devi W/o Late Ram Balak Sahni Resident of Village- Purnahi
ward no. 7, P.S.- Waris Nagar, District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
Mr. Vishal Kumar, Advocate
Mr. Abhishek Aryans, Advocate
For the State : Mr. Narendra Kumar Singh, APP
For the O.P. No. 2 : Mr. Sonia Narayan Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Waris Nagar P.S. Case No. 210 of 2025, instituted under
Sections 137(2), 140(3) of the B.N.S.
3. As per the prosecution case, F.I.R. named accused
persons including the petitioner came at the house of the
informant and told her son Sanjeet Kumar to accompany them
to a dance party who went with them but he did not return back
to home.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.24156 of 2026(2) dt.17-04-2026
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petitioner is innocent and has falsely been implicated in this
case due to village politics. Son of the informant is in the habit
of running away from his home without informing his parents
and on suspicion informant named the petitioner in this case.
When the informant realized her fault, she filed a compromise
petition before the Court concerned. Certified copy of the same
has been filed on the record. It is alleged that the alleged
incident took place on 20.07.2025, however, F.I.R. was filed on
06.08.2025 without any plausible explanation. Petitioner has no
criminal antecedent. Petitioner undertakes to co-operate in the
investigation and trial.
5. Learned counsel for the informant conceded the
said fact stated by the learned counsel for the petitioner that due
to misunderstanding informant has named the petitioner in this
case.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and clean
antecedent of the petitioner, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate IInd Class,
Patna High Court CR. MISC. No.24156 of 2026(2) dt.17-04-2026
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Samastipur in connection with Waris Nagar P.S. Case No. 210
of 2025, subject to the conditions laid down in Section 482 (2)
of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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