Patna High Court
Gaushami Ram @ Gaushami Kumar @ Goswami Ram @ Goswami KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail cannot be granted where the accusations are specific and direct, leading to the rejection of the petitioner's application.
Summary
The petitioner, Gaushami Ram, sought anticipatory bail in a case (PS Ariyari Case No. 121 of 2023) involving offences under multiple sections of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleged that the petitioner, along with other accused, assaulted the informant's son Shaturdhan Kumar and that co‑accused Ashok Ram fired at him, causing death, while the petitioner allegedly fired at the informant's elder son Arun Ram. The court examined whether the specific and direct nature of these accusations warranted the grant of anticipatory bail. Relying on the seriousness and clarity of the charges, the court concluded that the petitioner was not eligible for anticipatory bail. Consequently, the application for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code given the specific and direct nature of the accusations under the IPC and Arms Act
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 307, 341, 342, 448, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Arms Act
- Section 438 CrPC
- murder
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29521 of 2026
Arising Out of PS. Case No.-121 Year-2023 Thana- ARIYARI District- Sheikhpura
======================================================
Gaushami Ram @ Gaushami Kumar @ Goswami Ram @ Goswami Kumar
S/O Rammjee Ram Resident of Village - Kemara, Police Station - Ariyari,
District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Anish Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends arrest in Ariyari P. S.
Case No. 121 of 2023 registered for the offences punishable
under Sections 147, 148, 149, 448, 341, 342, 504, 506, 307 and
302 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution story, in brief, is that while son of
informant, namely, Shaturdhan Kumar was returning after
attending call of nature, in the meantime, all the F.I.R. named
accused persons, including this petitioner, caught hold of him
and assaulted him and on the order of co-accused Krishnandan
Ram, co-accused Ashok Ram fired upon his chest as a result of
which, he died. It is further alleged that this petitioner fired
Patna High Court CR. MISC. No.29521 of 2026(2) dt.12-05-2026
2/2
upon the palm of elder son of the informant, namely, Arun Ram.
4. Considering the specific and direct nature of
accusation, the prayer for grant of anticipatory bail to the
petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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