Patna High Court
Ramji PaswanversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to petitioners No.1, 2 and 4 subject to bond and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioners filed an anticipatory bail application in connection with a case of alleged extortion and assault under several sections of the Bhartiya Nyaya Sanhita, 2023. Petitioners No.3 and No.5 withdrew their applications after being taken into custody, leaving petitioners No.1, 2 and 4. The prosecution alleged that the accused, armed with lathis, demanded Rs.5 lakh annually and assaulted the informant. The petitioners argued that the specific overt act allegation pertained only to petitioner No.5 and that the charges against the remaining petitioners were vague, though they have prior criminal records. The court, noting the lack of specific overt act allegations against petitioners 1, 2 and 4, granted them anticipatory bail subject to a bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the B.N.S.S., including appearance before the trial court and non‑tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to petitioners No.1, 2 and 4 in view of the general nature of the allegations and their prior criminal antecedents
- Whether the specific overt act allegation against petitioner No.5 can be extended to the other petitioners
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 308(2), 308(3), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- extortion
- assault
- prior criminal antecedents
- Bhartiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25551 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- FESHAR District- Aurangabad
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1. Ramji Paswan S/o Late Durjan Paswan R/o vill - Ibrahimpur, P.S.- Fesar,
Distt.- Aurangabad, Bihar
2. Ramashish Paswan @ Ramashish Ram S/o Late Tufani Paswan R/o vill -
Ibrahimpur, P.S.- Fesar, Distt.- Aurangabad, Bihar
3. Anuj Kumar @ Anuj Ram S/o Ramji Ram R/o vill - Ibrahimpur, P.S.- Fesar,
Distt.- Aurangabad, Bihar
4. Ramji Ram S/o Late Mahadev Ram R/o vill - Ibrahimpur, P.S.- Fesar, Distt.-
Aurangabad, Bihar
5. Anil Ram S/o Ramji Ram R/o vill - Ibrahimpur, P.S.- Fesar, Distt.-
Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Adv.
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 22-04-2026 At the outset, counsel for the petitioners seeks permission
to withdraw this anticipatory bail application as against the
petitioner nos. 3 & 5, who are said to have been taken into
judicial custody.
2. Permission is accorded.
3. Accordingly, the instant anticipatory bail petition
stands dismissed as withdrawn as against the petitioner nos. 3 &
5 and now, this anticipatory bail petition is being considered
only in respect of petitioner nos. 1, 2 & 4 respectively.
Patna High Court CR. MISC. No.25551 of 2026(2) dt.22-04-2026
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4. Heard learned counsel for the petitioners and learned
APP for the State.
5. The petitioner nos. 1, 2 & 4 are apprehending their
arrest in connection with Phesar P.S. Case No. 169 of 2025,
dated 26.12.2025, registered for the offence punishable under
Sections 115(2), 117(2), 308(2), 308(3), 109, 126(2), 351(2),
352, 191(2), 190 of the Bhartiya Nyaya Sanhita, 2023.
6. As per prosecution case, on 16.12.2025 at about 11:00
AM, while the Informant was ploughing his field, the named
accused persons, armed with lathi and other weapons,
surrounded him, demanded rupees 5 lakhs annually as extortion,
and, upon his objection, they assaulted him, causing injuries,
and fled away after threatening him.
7. Learned counsel for the petitioners submits that the
allegation of overt act is against the petitioner no.5, who has
already been taken into custody and the allegation levelled
against the petitioner nos. 1, 2 & 4 are general and omnibus in
nature. It is next submitted that petitioner no.1 has one criminal
antecedent, petitioner no.2 has three antecedents whereas
petitioner no.4 has two criminal antecedents, as has been stated
in Para-3 of the instant anticipatory bail petition.
8. On the other hand, the learned APP for the State has
Patna High Court CR. MISC. No.25551 of 2026(2) dt.22-04-2026
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opposed the prayer for bail of the petitioners.
9. Having heard learned counsel for the parties and
considering that the fact that the specific allegation of overt act
is against the petitioner no.5, who has already been taken into
custody and the allegation leveled against the petitioner nos. 1, 2
& 4 are general and omnibus in nature, let the petitioner nos. 1,
2 & 4, above named, be released on bail, in the event of their
arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-VII, Aurangabad (Bihar) in
connection with Phesar P.S. Case No. 169 of 2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.25551 of 2026(2) dt.22-04-2026
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(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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