Patna High Court
Vikash RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail as the allegations are general, injuries are simple, and they have no adverse antecedents.
Summary
The petitioners, who are family members of a co‑accused named Bala Ram, were charged under multiple sections of the Indian Penal Code for assaulting police officers and obstructing their arrest. They applied for pre‑arrest bail, claiming innocence, false implication, simple injuries to the police, and clean antecedents. The State opposed the bail. The court examined the FIR, noting that the allegations were general and the injuries were minor, and observed that the petitioners appeared to have a prima facie case for bail. Consequently, the court ordered that the petitioners be released on pre‑arrest bail upon surrendering to the district court within four weeks, subject to a bail bond and conditions under Section 482(2) of the CrPC. The order also directed verification of any other criminal antecedents, which could nullify the bail if found.
Issues considered
- Whether the general and omnibus allegations against the petitioners justify denial of pre‑arrest bail.
- Whether the nature of injuries to police personnel and the petitioners' clean antecedents warrant the grant of bail.
- Whether the conditions prescribed under Section 482(2) of the Code of Criminal Procedure are satisfied for pre‑arrest bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109(1), 115(2), 121, 121(2), 126(2), 132, 190, 191(2), 191(3), 324(4), 351(3), 352
Subjects
- pre‑arrest bail
- obstruction of police
- assault on police officers
- family members of accused
- prima facie case
- simple injury
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3754 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- SIDHWALIYA District- Gopalganj
======================================================
1. Vikash Ram S/o Bala Ram R/o Village - Haluar Tiwari Tola, P.S -
Sidhwaliya, District - Gopalganj
2. Kisan Kumar @ Kishun Kumar S/o Bala Ram R/o Village - Haluar Tiwari
Tola, P.S - Sidhwaliya, District - Gopalganj
3. Mukesh Kumar @ Gopi Ram S/o Bala Ram R/o Village - Haluar Tiwari
Tola, P.S - Sidhwaliya, District - Gopalganj
4. Priyanka Kumari @ Prinka Kumari D/o Bala Ram R/o Village - Haluar
Tiwari Tola, P.S - Sidhwaliya, District - Gopalganj
5. Anita Devi @ Anika Devi W/o Bala Ram R/o Village - Haluar Tiwari Tola,
P.S - Sidhwaliya, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Javed Aslam, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 01-04-2026 Heard Mr. Javed Aslam, learned counsel appearing
on behalf of the petitioners and Mr. Ram Anurag Singh, learned
APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Sidhwaliya P.S. Case No. 167 of 2025 registered for the
offence(s) punishable under Sections 191(2), 191(3), 190, 132,
126(2), 115(2), 109(1), 121, 121(2), 324(4), 352 and 351(3) of
the BNS.
3. As per the allegations made in the FIR, the
Patna High Court CR. MISC. No.3754 of 2026(4) dt.01-04-2026
2/4
petitioners, in collusion with the apprehended accused Bala
Ram, abused and assaulted the police party and pelted stones
and bricks at their vehicle in an attempt to secure the release of
said Bala Ram, causing damage to the vehicle and injuries to
the police personnel.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and have
been falsely implicated in the present case, with only general
and omnibus allegations made against them of obstructing the
police officers in arresting the said Bala Ram in connection with
Sidhwaliya P.S. Case No. 261 of 2021. It is further submitted
that the injuries sustained by the police personnel are simple in
nature, as opined by the doctor. Petitioners have clean
antecedents. On these grounds, the petitioners seek to be
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions on behalf of
the parties and upon perusal of the allegations made in the FIR,
as well as, the materials collected during the course of
investigation, it appears that some police personnel sustained
injuries, all of which have been opined by the doctor to be
Patna High Court CR. MISC. No.3754 of 2026(4) dt.01-04-2026
3/4
simple in nature. The allegations against the petitioners are
general and omnibus in nature, to the effect that, being family
members of the co-accused Bala Ram in connection with
Sidhwaliya P.S. Case No. 261 of 2021, they obstructed the
police officers in effecting his arrest. Considering that the
petitioners are family members of the said co-accused, who is
the main accused in the other case, there is every likelihood that
the petitioners have been implicated in the present FIR, when
Bala Ram was taken into custody from the place of occurrence.I
am of the opinion that petitioners have, prima facie, made out a
case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. V,
Gopalganj / Concerned Court in connection with Sidhwaliya
P.S. Case No. 167 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
Patna High Court CR. MISC. No.3754 of 2026(4) dt.01-04-2026
4/4
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
Checking your session…