Patna High Court
Rama KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to prescribed conditions.
Summary
Rama Kumar was named in an FIR for alleged assault and other offences arising from a dispute over fishing in the Ganga, with the deceased’s post‑mortem showing only a single head injury. The petitioner sought anticipatory bail, arguing that the limited injuries cast doubt on the claim of indiscriminate assault by a large group and that co‑accused persons had already been granted such bail. The State opposed the relief, citing the petitioner’s criminal antecedents involving three other excise cases. The court noted the post‑mortem findings, the principle of parity with similarly situated co‑accused, and the lack of compelling evidence of a mass assault. Consequently, the court ordered that the petitioner be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond of Rs.10,000 and two sureties, under the conditions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the allegations and the post‑mortem report
- Whether parity with co‑accused who have been granted anticipatory bail warrants the same relief
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Indian Penal Code
- post‑mortem report
- parity principle
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36705 of 2026
Arising Out of PS. Case No.-173 Year-2024 Thana- RAGHOPUR District- Vaishali
======================================================
Rama Kumar S/O - Tilakdhari Sahni R/O Mohalla - Nurudiganj, P.S -
Maalsalami,Dist- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. S.K. Lal, Sr. Advocate
Mr.Pramod Kumar, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Raghopur P.S. Case
No. 173 of 2024 registered for the offences punishable under
Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 504, 506
& 120B Indian Penal Code.
3. The allegation against the petitioner is to assault the
son of the informant alongwith six named and six unknown co-
accused persons, where dispute surfaced due to fishing issue in
the river Ganga.
4. Mr. S.K. Lal, learned senior counsel appearing on
behalf of the petitioner submitted that upon post-mortem only
single head injury was found upon the deceased and, therefore,
Patna High Court CR. MISC. No.36705 of 2026(2) dt.16-06-2026
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the allegation that the deceased was assaulted indiscriminately
by 13-15 persons during the course of occurrence creates a
doubt qua raised allegation by informant, who is the eye
witness.
5. It is further submitted by Mr. Lal that considering the
aforesaid aspect, similarly situated co-accused persons namely,
Dharmendra Kumar through Cr. Misc. No. 36493 of 2025 dated
18.07.2025 and Simal Kumar @ Jigal Sahni through Cr. Misc.
No. 2061 of 2025 dated 15.05.2025 have been granted privilege
of anticipatory bail by one of the learned coordinate Bench of
this Court and, therefore, on the ground of parity petitioner also
deserves anticipatory bail.
6. Explaining criminal antecedent of the petitioner, Mr.
Lal submitted that petitioner found involved in three more
criminal cases of petty nature related with excise, in which he is
on bail.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. In view of the aforesaid factual submissions and by
taking note of the fact as the post-mortem report of the deceased
prima facie creates a doubt qua allegation of indiscriminate
assault, as alleged by the informant, who claimed to be an eye
Patna High Court CR. MISC. No.36705 of 2026(2) dt.16-06-2026
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witness of the occurrence, coupled with the fact that similarly
situated co-accused persons have been also granted anticipatory
bail by one of the learned coordinate Bench of this Court,
accordingly, above-named petitioner, in the event of his
arrest/surrender within a period of four weeks from this order, is
directed to be enlarged on bail on furnishing of bail bond of
Rs.10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of learned C.J.M., Vaishali at
Hajipur/concerned court in connection with Raghopur P.S. Case
No. 173 of 2024, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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