Patna High Court
Ajay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, exercising its inherent powers under Section 482(2) of the CrPC.
Summary
The petitioner, Ajay Ram, was implicated in a FIR (Deo P.S. Case No. 109 of 2024) alleging offences under Sections 147, 149, 323, 341, 325 and 436 of the IPC for assault, rioting and arson. He contended that the allegations were false, arising from a family partition dispute with his younger brother, the informant, and pointed out that a co‑accused, Dhananjay Ram, had already been granted anticipatory bail. The State opposed the bail, labeling the petitioner a habitual offender with five prior criminal antecedents. The High Court, noting the familial nature of the dispute and the precedent of bail to the co‑accused, exercised its inherent powers under Section 482(2) of the CrPC (referred to as BNSS) and granted anticipatory bail subject to a bond of Rs.10,000, two sureties and strict conditions. The order directed that the bail be effected if the petitioner is arrested or surrenders within six weeks, and outlined conditions for appearance, non‑tampering with evidence and non‑commission of further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite his prior criminal antecedents.
- Whether the family‑dispute context and the grant of bail to a co‑accused justify extending anticipatory bail to the petitioner.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 147, 149, 323, 325, 341, 436
Subjects
- anticipatory bail
- family partition dispute
- IPC offences
- habitual offender
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35163 of 2026
Arising Out of PS. Case No.-109 Year-2024 Thana- DEV District- Aurangabad
======================================================
Ajay Ram Son of Late Ramadhar Ram Resident of Village- Budhan Bigha,
P.S.- Dev, District- Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rupa Kumari, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner apprehends his arrest in
connection with Deo P.S. Case No. 109 of 2024 dated on
04.05.2024 registered for the offences punishable under
Sections 147, 149, 323, 341, 325, 436 of IPC.
3. As per the FIR, the accused persons allegedly
surrounded the informant's house at Budhan Bigha, vandalized
it and set it on fire. It is alleged that they also pelted stones and
bricks, causing fracture injury to the informant, his wife and
daughter. The entire household property was allegedly burnt to
ashes.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.35163 of 2026(2) dt.25-05-2026
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case and both the parties are full brothers. Learned counsel for
the petitioner further submits that the allegations are general
omnibus in nature against this petitioner. The informant of this
case is younger brother of the petitioner and due to his bad
temperament, the mother resides with the petitioner which
infuriated him and the informant also wants partition of the
property which is the main cause of bone of contention between
them. It has next been submitted that similarly placed co-accused,
namely, Dhananjay Ram has already been extended privilege of
anticipatory bail vide Cr. Misc. No. 26773 of 2025 by the Co-
ordinate Bench on 03.09.2025. It is fairly submitted that the
petitioner has got five criminal antecedents but he is on bail in all
those cases and out of all these five cases, two cases are filed by
the same informant.
5. On the other hand, the learned APP for the State
has opposed the prayer for anticipatory bail of the petitioner
submitting the he seems to be a habitual offender as he has got
five antecedents under his belt.
6. Considering the nature of dispute which purely
relates to the partition amongst the brothers and a similarly
situated co-accused, as stated above, has already been granted
anticipatory bail by the Co-ordinate Bench, this Court is
inclined to extend him the privilege of anticipatory bail.
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7. Let the above named petitioner, be released on
bail, in the event of his arrest or surrender before the learned
Court below within a period of six weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned C.J.M. Aurangabad, Bihar in connection with Deo
P.S. Case No. 109 of 2024, subject to the conditions as laid
down under Section 482(2) of the BNSS as well as the
following conditions:
(i) One of the bailors should
be the family member/relative/known
of the petitioner(s) who shall provide
official document/ personal affidavit
to show his/her bona fide;
(ii) the petitioner(s) shall
appear on each and every date before
the Trial Court and failure to do so for
two consecutive dates without
plausible reason will entail
cancellation of his/her/their bail bond
by the Trial Court itself;
(iii) the petitioner(s) shall in
no way try to induce or promise or
threat the witnesses or tamper with the
evidences, failing which the State
shall be at liberty to take steps for
cancellation of the bail bonds;
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(iv) the petitioner(s) shall
desist from committing any criminal
offence again, failing which the State
shall be at liberty to take steps for
cancellation of their bail bonds.
(Ajit Kumar, J)
perwez/sanjay
U T
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