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Patna High Court

Anuj RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court refused anticipatory bail, directing the petitioners to surrender and apply for regular bail subject to specified conditions.

Summary

The petitioners, Anuj Ram and Binda Ram, applied for anticipatory bail in connection with a criminal case (PS No. 432 of 2025) alleging offences under several sections of the Bihar Narcotic Substances Act and the Dowry Prohibition Act. They claimed they were falsely implicated and asserted a clean antecedent. The State opposed the anticipatory bail. The High Court declined to grant anticipatory bail, directing the petitioners to surrender and seek regular bail from the lower court, subject to a bail bond of Rs.10,000 each with two sureties and verification of any compromise. The court also imposed conditions under Section 438(2) of the CrPC and Section 482 of the BNSS, stating that if the compromise is not genuine, appropriate orders will be passed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 of the CrPC in the present case.
  • Whether the provisions of Section 482 of the Bihar Narcotic Substances Act bar the grant of anticipatory bail.
  • Whether a compromise, if verified, can justify the release of the petitioners on bail.

Legislation cited

Subjects

  • anticipatory bail
  • regular bail
  • Criminal Procedure Code
  • Bihar Narcotic Substances Act
  • Dowry Prohibition Act
  • compromise verification
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37124 of 2026
                   Arising Out of PS. Case No.-432 Year-2025 Thana- MADANPUR District- Aurangabad
                 ======================================================
           1.     Anuj Ram S/o Late Yamuna Ram R/o Village - Hajipur Post and P.S. -
                  Madanpur, Dist. - Aurangabad, Bihar.
           2.    Binda Ram @ Binda Devi W/o Anuj Ram R/o Village - Hajipur Post and
                 P.S. - Madanpur, Dist. - Aurangabad, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shailesh Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Madanpur P.S. Case No. 432 of 2025 registered

                   for the offence under Sections 85, 115(2), 109, 88 and 3(5) of

                   B.N.S. and Section 4 of Dowry Prohibition Act.

                                   3. As per the prosecution case, petitioner no. 1 who

                   is the husband of the victim along with petitioner no. 2 (his co-

                   wife) are alleged of assaulting the victim.

                                    4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case. Petitioners have clean
              Patna High Court CR. MISC. No.37124 of 2026(2) dt.15-06-2026
                                                          2/2




                        antecedent.

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

                        for anticipatory bail of the petitioners.

                                        6.     Considering         the       aforesaid   facts   and

                        circumstances, this application is disposed of with liberty to the

                        petitioners to surrender and move the court below for regular

                        bail. The court below shall verify the compromise and, if the

                        informant supports the same, the petitioners shall be released on

                        bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

                        Thousand) each with two sureties of the like amount each to the

                        satisfaction of the learned court below in connection with

                        Madanpur P.S. Case No. 432 of 2025, subject to the conditions

                        laid down in Section 438(2) of the Code of Criminal Procedure,

                        1973 / Section 482 of the BNSS. In the event, if the compromise

                        is not found to be genuine or the informant does not support the

                        same, the court below shall pass an appropriate order in

                        accordance with law.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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