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Patna High Court

Radhe Krishna RamanversusThe State of Bihar

Decided
Disposal
ALLOWED

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, Radhe Krishna Raman, sought anticipatory bail in a case (Ghosi P.S. Case No.424 of 2024) where he was alleged to have assaulted a family with a pistol, stolen jewellery and cash, and violated several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Arms Act. The prosecution’s informant claimed the petitioner and a co‑accused surrounded and attacked her family, causing injuries and theft. The petitioner contended that he was falsely implicated, that the injuries were not caused by gunfire, and highlighted his clean antecedent, offering cooperation with the investigation. The State opposed the bail. The court, after considering the nature of the allegations, the petitioner’s clean record, and the circumstances, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S., 2023.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner given the nature of the allegations under the B.N.S., 2023 and the Arms Act?
  • Whether the petitioner’s clean antecedent and the claim of false FIR justify bail despite serious charges?

Legislation cited

Subjects

  • anticipatory bail
  • false FIR
  • assault
  • theft
  • Arms Act
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3562 of 2026
                       Arising Out of PS. Case No.-424 Year-2024 Thana- GHOSI District- Jehanabad
                 ======================================================
                 Radhe Krishna Raman Son of Baliram Prasad, Resident of Village- Gangapur,
                 P.S.- Ghosi, District- Jehanabad.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivendra Prasad, Advocate.
                 For the Opposite Party/s :       Mr. Md. Ataur Rahman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   04-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Ghosi P.S. Case No.424 of 2024 instituted under Sections

                   126(2), 115(2), 352, 351(2), 303(2) & 3(5) of the B.N.S., 2023

                   and Section 27 of the Arms Act.

                                3. As per the prosecution case, the informant has

                   alleged that when she alongwith her husband were going to their

                   parents house, in the meantime, the petitioner alongwith co-

                   accused Raj Kishor Prasad surrounded them and started

                   assaulting. On raising alarm, the father-in-law and cousin father-

                   in-law came to rescue them but they were also assaulted by the

                   petitioner and co-accused Raj Kishore Prasad by means of pistol

                   causing injury to them. It is alleged that accused persons took
Patna High Court CR. MISC. No.3562 of 2026(4) dt.04-05-2026
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          away gold chain and other ornaments of informant including

          cash of Rs.4,000/-.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case. He further submits that although, there is specific

          allegation against the petitioner that he alongwith co-accused

          Raj Kishor Prasad had fired on the injured Munna Prasad but

          from the injury report, it is clear that there is no gun shot injury.

          Learned counsel submits that the injuries to the injured are

          simple in nature. He further submits that for the occurrence

          taken place on 17.08.2024, the family member of the petitioner

          side had lodged the case against the informant side and to save

          their skin from that, the present F.I.R. has been lodged with false

          allegation against the petitioner. Learned counsel submits that

          petitioner is a man of clean antecedent and he undertakes to

          cooperate in the investigation and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties and the

          nature of allegation leveled against the petitioner as well as his

          clean antecedent, in the event of arrest or surrender before the
              Patna High Court CR. MISC. No.3562 of 2026(4) dt.04-05-2026
                                                          3/3




                        Court below within six weeks from today, the petitioner be

                        released on bail upon furnishing bail bonds of Rs.10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount to

                        each to the satisfaction of the learned Chief Judicial Magistrate,

                        Jehanabad/ concerned Court in connection with Ghosi P.S. Case

                        No.424 of 2024, subject to the conditions laid down in Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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