Patna High Court
Arvind Kumar Ram @ Arvindra Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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
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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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