Patna High Court
Ramesh Kumar Singh @ Ramesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to bail bond and surety conditions under Section 482(2) of the BNS, 2023.
Summary
The petitioners, six residents of Chakbara Bakhari, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) for alleged assault, disrobing, and theft of a gold Sikri. The FIR alleged that the accused, armed with lathi and other weapons, attacked an informant and her family, fired indiscriminately, and threatened them. The petitioners contended that the dispute arose from a passage issue, resulting in a simple free‑fight, and that the serious allegations were merely ornamental; they also highlighted their clean antecedents and that similarly situated co‑accused had been granted anticipatory bail. The State opposed the bail, arguing the gravity of the offences. The Court, considering the nature of injuries, clean records, and precedent of bail to co‑accused, ordered anticipatory bail subject to a Rs.10,000 bond per petitioner, two sureties, and compliance with Section 482(2) of the BNS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the alleged offences.
- Whether the allegations in the FIR constitute a grave offence that warrants denial of anticipatory bail.
- Whether the petitioners' clean antecedent and the grant of anticipatory bail to similarly situated co‑accused influence the decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 118, 126(2), 303(2), 324(4), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3553 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- PIPRA District- East Champaran
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1. Ramesh Kumar Singh @ Ramesh Singh S/o Late Satya Narain Singh R/o
Village- Chakbara Bakhari, P.S-Pipra, District- East Champaran
2. Rakesh Singh S/o Late Ram Chandra Singh R/o Village- Chakbara Bakhari,
P.S-Pipra, District- East Champaran
3. Rajesh Kumar Singh S/o Prabhu Narayan Singh R/o Village- Chakbara
Bakhari, P.S-Pipra, District- East Champaran
4. Prashray Raj S/o Ramesh Singh @ Ramesh Kumar Singh R/o Village-
Chakbara Bakhari, P.S-Pipra, District- East Champaran
5. Prabhu Narayan Singh S/o Late Dhenu Singh @ Dhenuk Singh R/o Village-
Chakbara Bakhari, P.S-Pipra, District- East Champaran
6. Dinesh Kumar Singh S/o Late Ram Chandra Singh R/o Village- Chakbara
Bakhari, P.S-Pipra, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126 ( 2 ),
115 ( 2 ), 109 (1) , 118 , 303 ( 2 ), 324 ( 4 ), 74, 351 ( 2 ), 352,
and 3 (5) of BNS.
3. As per F.I.R., all the named accused persons
including these petitioners, armed with lathi, fatta, khanti
Patna High Court CR. MISC. No.3553 of 2026(3) dt.11-02-2026
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assaulted informant and her family members. It is further
alleged that accused persons also indiscriminately fired and
threatened informant with dire consequences. They also
disrobed informant and snatched gold Sikri from her.
4. Learned counsel for the petitioners submits that
due to dispute over passage led to free-fight between the parties,
in which, both sides sustained injuries. Case and counter case.
Injuries, sustained by the injured, are simple in nature. Rest of
the allegations are ornamental in nature to make the case grave.
Similarly situated co-accused persons have been granted
anticipatory bail by this Court, vide order dated 21.01.2026
passed in Cr.Misc. No. 837 of 2026. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the nature of injury and clean
antecedent, in the event of arrest or surrender within a period of
eight weeks from today, let the petitioners, as named above, be
enlarged on bail on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate Motihari
East Champaran in connection with Pipra P.S. Case No. 330 of
Patna High Court CR. MISC. No.3553 of 2026(3) dt.11-02-2026
3/3
2025, subject to the conditions laid down under section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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