Patna High Court
Arjun RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In the absence of specific allegations against the petitioners and considering their clean antecedents, bail was granted subject to conditions under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Arjun Ram and Kamta Ram petitioned the Patna High Court seeking bail in a criminal case registered under sections 191(2), 191(3), 190, 126(2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged assault only against co‑accused Abhay Ram, Santosh Ram and Vikram Ram, and the petitioners were charged in a general, omnibus manner without any specific overt act. The petitioners asserted a clean antecedent, while the State opposed the bail. The Court examined whether the lack of specific allegations justified bail and considered the applicable provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. Finding no concrete charge against the petitioners and noting their clean record, the Court granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted when the charge against the petitioners is general and lacks a specific overt act.
- Whether the petitioners’ clean antecedent warrants bail despite the seriousness of sections 191, 190, 126 and 115 of the Bharatiya Nyaya Sanhita, 2023.
- Whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be invoked to impose conditions on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 190, 191(2), 191(3)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- clean antecedent
- Section 482
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3992 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- KHIJARSARAI District- Gaya
======================================================
1. Arjun Ram Son of Naresh Ram R/o Vill - Gosaimath, P.S. - Khizersarai,
Dist. - Gaya.
2. Kamta Ram Son of Naresh Ram R/o Vill - Gosaimath, P.S. - Khizersarai,
Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sinha
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 191(2), 191(3), 190,
126(2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per FIR, specific accusation of assault is against
co-accused Abhay Ram, Santosh Ram and Vikram Ram. So far
as these petitioners are concerned, allegation of assault is
general and omnibus and no specific overt act has been alleged
against them. Case and counter case. Petitioners claim clean
antecedent.
4. Learned counsel for the State opposes the prayer
for bail.
Patna High Court CR. MISC. No.3992 of 2026(2) dt.03-02-2026
2/2
5. Considering the facts of the case, prayer for bail of
these petitioners is allowed. In the event of arrest/surrender
within a period of eight weeks from today, let these petitioners,
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the Judicial Magistrate 1st
class, Gaya Jee in Khizarsarai Police Station Case No.
168/2025, subject to the conditions laid down under section 482
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Shashi
U T
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