Patna High Court
Ram Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail is appropriate in this case, subject to the stipulated conditions.
Summary
The petitioner, Ram Sagar Kumar, was arrested in a case involving multiple offences under the Indian Penal Code and the Arms Act, alleged to have fired a pistol in the air and threatened extortion. He contended that he was falsely implicated, had no prior criminal record, and that no firearm injury occurred. The State opposed his request for anticipatory bail, citing the seriousness of the charges. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrender within eight weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order aims to balance the petitioner’s right to liberty with the need to ensure his presence for trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code given the nature of the offences alleged.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the seriousness of the charges under the IPC and Arms Act warrants denial of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 147, 149, 307, 323, 341, 354, 379, 384, 447, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Arms Act
- Criminal Procedure Code
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3242 of 2026
Arising Out of PS. Case No.-71 Year-2023 Thana- SAUR BAZAR District- Saharsa
======================================================
Ram Sagar Kumar Son of Late Pulendra Yadav @ Fulendra Yadav Resident
of Village - Kanp pashchimi Ward no. 04, Ps- Saur Bazar, Dist- Saharsa Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha
For the Opposite Party/s : Mr.Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 147, 149, 341, 323,
307, 384, 354(B), 379, 504, 447 of the Indian Penal Code and
Section 27 of the Arms Act.
3. As per prosecution case, on 31.01.2023 at about 10
AM, all the accused persons came at the door of informant,
abused and thereafter assaulted informant and her husband.
Petitioner is alleged to have fired in air with pistol and
threatened informant’s husband for not giving extortion of Rs. 2
Lakh.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case. No one
Patna High Court CR. MISC. No.3242 of 2026(2) dt.02-02-2026
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sustained any fire-arm injury. Accusation of assault is against
other co-accused persons. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances,
in the event of arrest/surrender before the Court below within a
period of eight weeks from today, let the above named petitioner
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 learned A.C.J.M. - II, Saharsa in connection with
Saur Bazar P.S. Case No. 71 of 2023, subject to condition as laid
down under Section 438(2) of the Cr.P.C. / Section 482(2) of the
B.N.S.S.
(Prabhat Kumar Singh, J)
anay/-
U T
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