Patna High Court
Ram Mani Kumar @ Rishi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Ram Mani Kumar, was named in FIR No. 376 of 2025 for alleged involvement in the assault and death of Collector Yadav. He contended that the charge against him was vague and that he had no specific overt act attributed to him, asserting a clean antecedent. The State opposed his anticipatory bail, citing the seriousness of the offences under the Bhartiya Nyaya Sanhita and the Arms Act. The Court examined the nature of the accusation, the lack of specific allegations against the petitioner, and his clean record. Considering these factors, the Court granted anticipatory bail, directing that if arrested within eight weeks, he be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the offences alleged.
- Whether the petitioner is specifically implicated in the alleged assault and homicide, warranting denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 103(1), 109, 190, 191(2), 191(3)
Subjects
- anticipatory bail
- criminal procedure
- clean antecedent
- specific allegation
- Section 482
- Bhartiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30101 of 2026
Arising Out of PS. Case No.-376 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Ram Mani Kumar @ Rishi Kumar S/O Wakil Singh Resident of Village-
Gyanchak, P.S. Udwantnagar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh, Advocate
For the Opposite Party/s : Ms. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under 191(2), 191(3), 190, 103(1), 109
of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per F.I.R., on 25.07.2025, named accused
persons, including petitioner, surrounded brothers of informant,
namely, Collector Yadav (deceased) and Ramashankar Yadav
and thereafter, co-accused Upendra Yadav assaulted on the head
of deceased with butt of pistol and co-accused Munna Kumar
assaulted him with spade, on account of which, elder brother of
informant, namely, Collector Yadav died.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
accusation of assaulting the deceased is against co-accused
Patna High Court CR. MISC. No.30101 of 2026(2) dt.12-05-2026
2/2
Upendra Yadav and Munna Kumar. So far as this petitioner is
concerned, allegation against him is general and omnibus. There
is no allegation of any specific overt act against petitioner.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Bhojpur at Ara in connection with Udwantnagar P. S. Case No.
376 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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