Prasad RamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26432 of 2026
                     Arising Out of PS. Case No.-341 Year-2025 Thana- GOPALPUR District- Gopalganj
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                 Prasad Ram son of Late Ramjas Ram Resident of Village -Madachak PS-
                 Gopalpur, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                  Heard Mr. Pankaj Kumar Dubey, learned counsel for

                   the petitioner as well as Mr. Anil Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   26.12.2025 in connection with Gopalpur P.S. Case No.

                   341/2025, 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 Bharatiya Nyay Sanhita, 2023.

                               3. According to prosecution case, It is alleged that

                   when the informant and his brother went to discuss about the

                   land measurement with the petitioner’s side, the accused persons

                   assaulted the brother of the informant and his family members.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
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          implicated in the present case. The allegation levelled against

          the petitioner as alleged in the FIR is false and fabricated and

          the petitioner has not committed any offence as alleged in the

          FIR. There is case and counter case between the parties. From

          bare perusal of the FIR it appears that there is specific allegation

          against the petitioner of assaulting his brother on the head with

          farsa but there is no intention to kill anyone and due to spur of

          moment the, present occurrence had taken place. It is further

          submitted that Title Suit No, 319/2024 is pending between the

          parties. He further submits that the co-accused person, namely,

          Rahul Kumar has been granted regular bail by this Hon’ble

          Court vide order dated 16.03.2026 passed in Cr. Misc. No.

          16670/2026. He further submits that the police after

          investigation submitted the charge sheet against the petitioner

          and the petitioner is in custody since 26.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and the co-accused person has

          been granted regular bail by this Hon’ble Court, let the

          petitioner, above named, be released on bail on furnishing bail

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

          like amount each to the satisfaction of the learned CJM 1st Class,

          Gopalganj in connection with Gopalpur P.S. Case No. 341/2025,
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                       subject to the following conditions:-

                                    i. Petitioner 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 petitioner 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

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. 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