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Patna High Court

Kailash RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to conditions under Section 438(2) of the CrPC.

Summary

The petitioners, four residents of Madachak village, sought bail in connection with FIR No. 341 of 2025 alleging offences under various sections of the B.N.S. The prosecution alleged that the petitioners assaulted the informant's brother during a land‑measurement dispute. The petitioners contended they have a clean antecedent, were falsely implicated, and that the FIR contains no specific allegation of assault against them, noting a pending title suit between the parties. The Additional Public Prosecutor opposed bail. The court observed the petitioners' clean record, the absence of a specific charge of assault, and the existence of a case‑and‑counter‑case, and therefore ordered bail on furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC. The bail order includes conditions for cooperation, non‑tampering with evidence, and verification of criminal antecedent.

Issues considered

  • Whether the petitioners are entitled to bail under Section 438(2) of the Code of Criminal Procedure despite the FIR alleging multiple offences.
  • Whether the lack of a specific allegation of assault against the petitioners warrants the grant of bail.
  • Whether the petitioners' clean antecedent and the pending land dispute affect the bail decision.

Legislation cited

Subjects

  • bail
  • Section 438 CrPC
  • clean antecedent
  • land dispute
  • FIR
  • assault allegation
  • pending suit

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.26068 of 2026
                    Arising Out of PS. Case No.-341 Year-2025 Thana- GOPALPUR District- Gopalganj
                 ======================================================
           1.     Kailash Ram S/o Bhulan Ram Resident of Village - Madachak, P.S. -
                  Gopalpur, District - Gopalganj.
           2.    Sujeet Kumar Ram S/o Shiv Prasad Ram Resident of Village - Madachak,
                 P.S. - Gopalpur, District - Gopalganj.
           3.    Ajeet Ram S/o Kokil Ram Resident of Village - Madachak, P.S. - Gopalpur,
                 District - Gopalganj.
           4.    Bittu Kumar S/o Bitandi Ram Resident of Village - Madachak, P.S. -
                 Gopalpur, District - Gopalganj.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 26493 of 2026
                    Arising Out of PS. Case No.-341 Year-2025 Thana- GOPALPUR District- Gopalganj
                 ======================================================
           1.     Pinki Devi W/o Ajeet Ram All are Resident of Village - Madachak, P.S. -
                  Gopalpur, District - Gopalganj.
           2.    Rinku Devi W/o Bitandi Ram All are Resident of Village - Madachak, P.S. -
                 Gopalpur, District - Gopalganj.
           3.    Shiv Kumari Devi W/o Prasad Ram All are Resident of Village - Madachak,
                 P.S. - Gopalpur, District - Gopalganj.

                                                                                 ... ... Petitioner/s
                                                  Versus
                 The State Of Bihar Advocate General Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 26068 of 2026)
                 For the Petitioner/s     : Mr. Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s : Mr. Anish Chandra, APP
                 (In CRIMINAL MISCELLANEOUS No. 26493 of 2026)
                 For the Petitioner/s     : Mr. Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s : Mrs. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                  Heard Mr. Pankaj Kumar Dubey, learned counsel for
Patna High Court CR. MISC. No.26068 of 2026(2) dt.17-04-2026
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          the petitioners and Mr. Anish Chandra and Mrs. Sharda Kumari,

          learned Additional Public Prosecutor for the State.

                      2. The petitioners are apprehending their arrest in

          connection with Gopalpur P.S. Case No. 341 of 2025, F.I.R.

          dated 24.12.2025 for the offences punishable under Sections

          126(2), 115(2), 117(2), 118(1), 109, 351(2), 352 read with

          Section 3(5) of the B.N.S.

                      3. According to prosecution case, it is alleged that

          when the informant and his brother went to discuss about the

          land measurement with the petitioners side, the accused persons

          assaulted the brother of the informant and his family members.

                      4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they have falsely been

          implicated in the present case. It appears from the FIR itself

          that due to land dispute the present occurrence has taken place.

          Although the petitioners are named in the FIR but from bare

          perusal of the FIR it appears that there is no specific allegation

          of assault or overt act against against the petitioners. Apart from

          that there is case and counter-case and one Title Suit No. 319 of

          2024 is pending between the parties.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners.
Patna High Court CR. MISC. No.26068 of 2026(2) dt.17-04-2026
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                       6. Considering the aforesaid facts and circumstances,

          the petitioners have clean antecedent, there is case and counter

          case between the parties and there is no specific allegation of

          assault or overt act against against the petitioners, let the

          petitioners, above named, in the event of arrest or surrender

          before the court below within a period of thirty days from the

          date of receipt of the order, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

          of the like amount each to the satisfaction of the learned C.J.M.

          1st Class, Gopalganj in connection with Gopalpur P.S. Case No.

          341 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure and with

          other following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall
             Patna High Court CR. MISC. No.26068 of 2026(2) dt.17-04-2026
                                                         4/4




                       verify the criminal antecedent of the petitioners and in case at

                       any stage it is found that the petitioners have concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioners. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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