Patna High Court
Virendra Ram @ Birendra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as the injuries were simple and the prosecution evidence did not convincingly link the petitioners to the alleged use of sharp-edged weapons.
Summary
The petitioners, Virendra Ram and his son Pritam Kumar, were named in an FIR for alleged assault on an informant, accused of using a sword, farsa and hand knuckles, leading to head and bodily injuries. The defense argued that the injuries were simple lacerations not consistent with sharp-edged weapons and that the allegations were false, stemming from a family dispute, emphasizing the petitioners' clean antecedents. The State opposed bail. The court examined the nature of the injuries and the lack of convincing evidence linking the petitioners to the use of sharp weapons. Finding the injuries simple and the allegations possibly motivated by personal enmity, the court granted bail to the petitioners, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was directed to be executed within four weeks of arrest or surrender.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under Sections 126(2), 115(2), 109, 352 and 3(5) of the BNS.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 126(2), 3(5), 352
- Bihar Negotiable Subordinate Service (BNSS) — s. 482(2)
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- bail
- assault
- criminal procedure
- injury assessment
- family dispute
- sections of BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30667 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- NASRIGANJ District- Rohtas
======================================================
1. Virendra Ram @ Birendra Ram S/o Late Raji Ram R/o Village - Sabdala,
P.S. - Nasriganj, Dist. - Rohtas.
2. Pritam Kumar S/o Virendra Ram @ Birendra Ram R/o Village - Sabdala,
P.S. - Nasriganj, Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pandey, Adv
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-05-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Nasriganj P.S. Case
No. 16 of 2026 registered for the offences punishable under
Sections 126(2), 115(2), 109, 352 and 3(5) of the BNS.
3. As per FIR, petitioners along with other co-accused
persons/family members alleged to assault informant causing head
and bodily injuries. It is alleged that assault was made by using
sword, farsa and hand knuckles.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that informant alleged that he was
assaulted by four persons having equipped with sharp edged
weapons, but none of the injury as found upon injured appears
caused by sharp edged weapon, rather nature of injury was
lacerated. It is also submitted that three small injuries were found
upon “parietal part of the head”, which upon medical examination
Patna High Court CR. MISC. No.30667 of 2026(2) dt.12-05-2026
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found simple in nature and furthermore same also not appears
convincing, in view of specific allegation that assault was caused
by four persons. It is submitted that informant and petitioners are
agnates and due to family disputes and differences present false
allegation was raised. While concluding arguments, it is submitted
that petitioners are men of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as nature of injury, which alleged to be caused
by petitioners upon informant found simple in nature, accordingly
all above-named petitioners, in the event of their arrest or
surrender before the court below within a period of four weeks,
are directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned SDJM,
Bikramganj, Rohtas/concerned Court, where the case is pending in
connection with Nasriganj P.S. Case No. 16 of 2026, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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