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Patna High Court

Arvind Kumar Ram @ Arvindra Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.

Summary

Arvind Kumar Ram and Vikash Kumar Ram, brothers of an informant, were implicated in a criminal case (Raghopur P.S. Case No. 460 of 2025) for assault, robbery and other offences. They claimed they were falsely implicated due to a family/property dispute and asserted a clean antecedent. The State opposed their bail application. The Court examined the allegations, the possibility of false implication, and the petitioners' clean record, and concluded that bail could be granted. Accordingly, the Court ordered their release on bail with a bond of Rs.10,000 each, two sureties, and conditions under Section 482(2) of the B.N.S.S. and other directions. The petition for bail was disposed in favour of the petitioners.

Issues considered

  • Whether the petitioners are entitled to bail pending trial in view of the allegations under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) of the B.N.S. and the possibility of false implication.
  • Whether the clean antecedent and family dispute background justify the grant of bail under Section 482(2) of the B.N.S.S.

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 303(2), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • bail
  • false implication
  • family dispute
  • assault
  • theft
  • criminal procedure
  • Section 482
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28813 of 2026
                      Arising Out of PS. Case No.-460 Year-2025 Thana- RAGHOPUR District- Supaul
                 ======================================================
           1.     Arvind Kumar Ram @ Arvindra Kumar Ram S/o Kapleshwar Ram R/o
                  Village - Ramvishanpur Ward no. 07, P.S. - Raghopur, Dist. - Supaul.
           2.    Vikash Kumar Ram S/o Kapleshwar Ram R/o Village - Ramvishanpur Ward
                 no. 07, P.S. - Raghopur, Dist. - Supaul.

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Wasi Mohammad, Advocate
                 For the Opposite Party/s :       Mr.Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   05-05-2026                    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 Raghopur P.S. Case

                   No. 460 of 2025 registered for the offences under Sections

                   126(2), 115(2), 109, 303(2), 352, 351(2) of BNS.

                                      3. As per prosecution case, the petitioners and

                   other co-accused persons brutally assaulted the informant and

                   his wife causing injuries to them. It is alleged that they snatched

                   gold chain worth Rs.1,10,000/- from the wife of the informant

                   and also took away his educational certificates, license of dealer

                   and other articles from the shop of the informant.
Patna High Court CR. MISC. No.28813 of 2026(2) dt.05-05-2026
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                            4. Learned counsel for the petitioners submits that

          the petitioners are innocent and have falsely been implicated in

          this case. The petitioners are own brothers of the informant and

          due to family dispute, they have been roped in the present case.

          The petitioner has no. 1 has filed Raghopur P.S. Case No. 463 of

          2025 for the offences under Sections 115(2), 126(2), 109 of

          BNS against the informant and others as wife of petitioner no. 1

          was assaulted and when the petitioners and their parents

          intervened they were also assaulted. The informant wants the

          petitioners to vacate a part of the house and whole occurrence

          took place in this background. Learned counsel further submits

          the injuries sustained by the informant and his wife are simple

          in nature caused by hard and blunt substance. The petitioners are

          having clean antecedent.

                       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

          clean antecedent of the petitioners and also considering the case

          and counter case and further considering the possibility of false

          implication in the background of property dispute, let the

          petitioners above named, in the event of their arrest or surrender
            Patna High Court CR. MISC. No.28813 of 2026(2) dt.05-05-2026
                                                        3/3




                      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, Birpur (Supaul)/concerned court in

                      connection with Raghopur P.S. Case No.460 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

                                                      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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