Patna High Court
Akash RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioner, subject to conditions, as the allegations were general and omnibus and the petitioner is a junior family member.
Summary
The petitioner, Akash Ram, a brother‑in‑law of the deceased, was implicated in a murder case (Dhaka P.S. Case No. 423 of 2025) under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita. He applied for bail, asserting that he was falsely implicated and that the allegations against him were merely general and omnibus, with no specific evidence linking him to the crime. The court noted his status as a junior member of the family and the lack of specific incriminating material. Relying on the principles of bail and the provisions of Section 482 of the BNSS and Section 438(2) of the CrPC, the court allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the usual conditions, without prejudice to the trial.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the general and omnibus nature of the allegations and the petitioner’s familial relationship justify the grant of bail.
- Whether bail can be conditioned under Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 238, 3(5), 482, 80
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- criminal procedure
- general allegation
- family relationship
- Bharatiya Nyaya Sanhita
- Section 80
- Section 238
- Section 3(5)
- Section 482
- Section 438(2)
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3705 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Akash Ram S/O Sakichan Ram R/o Vill.- Shyambakhari, P.S.- Dhaka, Dist.-
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the State : Ms.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Dhaka P.S. Case No. 423 of 2025 instituted under
Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioner is the brother-in-law (Devar) of the
deceased. He is alleged to have participated in the killing of the
deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. He further submits that the petitioner, being the Devar of
the deceased has no role to play in the alleged crime and there
is general and omnibus allegation against him.
5. Considering the general and omnibus allegation
Patna High Court CR. MISC. No.3705 of 2026(4) dt.12-05-2026
2/2
and the fact that the petitioner is a junior member of the family,
this application is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Sub-
Divisional Judicial Magistrate, Sikrahana at Dhaka, East
Champaran/ concerned Court in connection with Dhaka P.S.
Case No. 423 of 2025, subject to the conditions laid down in
Section 482 of the BNSS/ 438(2) of the Code of Criminal
Procedure, 1973.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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