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Patna High Court

Vikash RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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