Patna High Court
Ram Sharan DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted as the allegations were vague and the injuries were not serious, subject to conditions under Section 482(2) of the Code of Criminal Procedure.
Summary
The petitioners sought relief from imminent arrest in connection with Jale P.S. Case No. 219 of 2025, which alleged multiple offences under the B.N.S.S. The prosecution alleged that the petitioners, along with co‑accused, assaulted the informant's husband and brother‑in‑laws with weapons, causing injuries. The petitioners contended they were falsely implicated, pointing to a prior enmity, superficial injuries, and lack of specific allegations against at least one petitioner. The State opposed the bail application, maintaining the seriousness of the charges. The court examined the vague and non‑specific nature of the allegations and the minimal injuries reported, concluding that these factors did not justify denial of bail. Accordingly, the court ordered release on bail with a bond of Rs.10,000 and conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioners are entitled to bail given the vague and non‑specific allegations and lack of serious injury.
- Whether the conditions of Section 482(2) of the CrPC justify granting bail in this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- bail
- Criminal Procedure Code
- Section 482
- vague allegations
- injury assessment
- high court order
- release on bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27468 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- JALE District- Darbhanga
======================================================
1. Ram Sharan Das S/o Narayan Das Resident of Village - Bhatpokhra, P.S. -
Jale, Dist.- Darbhanga.
2. Ravi Das @ Ravi Kumar S/o Nagendra Das Resident of Village -
Bhatpokhra, P.S. - Jale, Dist.- Darbhanga.
3. Annu Das @ Anu Das S/o Naginda Das Resident of Village - Bhatpokhra,
P.S. - Jale, Dist.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners are apprehending
their arrest in connection with Jale P.S. Case No. 219 of
2025 registered for the offences under Sections 191(2), 190,
126(2), 127(2), 115(2), 118(1), 117(2), 109(1), 352, 351(2) of
BNS.
3. As per prosecution case, in the background of
previous dispute, the petitioners and other co-accused persons
assaulted the husband and brother-in-laws of the informant
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with iron rod, Farsa, lathi and danda causing injury to
them.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. The enmity between the two groups is apparent from the
written report itself as petitioner no. 2 has solemnized marriage
with the daughter of the informant and the mother-in-law of the
informant has already lodged Jale P.S. Case No. 120 of 2024
against petitioner nos. 2 and 3 and other co-accused persons.
Petitioner no. 1 has also criminal antecedent of one case. The
present case is counter blast of Jale P.S. Case No. 221 of 2025
which has been lodged against a number of persons of informant
side for causing a number of injuries to the petitioners and other
co-accused persons. Learned counsel further submits that,
however, the injury report falsifies the allegation of brutal
assault as the injury reports of the brother-in-laws of the
informant show the injuries are quite superficial and could have
occurred in a scuffle between two groups. Learned counsel
further submits that the injuries are only pain on left elbow and
pain and swelling on left hand of Govind Das and the injuries
are stated to be simple. Learned counsel further submits that the
allegation of assault to the husband of the informant is against
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co-accused Ashok Das and Ratan Das but there is no
injury report of the husband of the informant on record. There
is no specific allegation of any overt act against petitioner
no. 1.
5. Learned APP opposes the submission made on
behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
non-specific and vague nature of allegation and also considering
the absence of serious injury on the victims of the petitioners, let
the petitioners above named, in the event of their arrest or
surrender before the court concerned within a period of eight
weeks from today, be released on bail, on furnishing bail bonds
of Rs.10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-I, Darbhanga/concerned
court in connection with Jale P.S. Case No. 219 of 2025, subject
to the condition as laid down under Section 482(2) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
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on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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