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Patna High Court

Birbal Kumar Ram @ Birbal Ram @ Birbal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to the conditions imposed by the Court.

Summary

The petitioner, Birbal Kumar Ram, was implicated in a FIR (Masrakh P.S. Case No. 196 of 2025) for offences under several sections of the Bihar Nagarik Suraksha (BNS) Act, including assault, robbery and attempted outrage of modesty. He applied for bail, asserting a clean criminal record and contending that the FIR does not specifically allege any overt act by him, noting that the injuries to the victims were minor. The Additional Public Prosecutor opposed the bail. The Court examined the lack of specific allegations against the petitioner, his clean antecedent, and the simple nature of the injuries, and concluded that bail was appropriate. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including cooperation with the trial and non‑tampering with evidence.

Issues considered

  • Whether the petitioner is entitled to bail under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita given the nature of the allegations.
  • Whether the lack of specific allegation of assault against the petitioner and his clean antecedent justify the grant of bail.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Bhartiya Nagarik Suraksha Sanhita
  • clean antecedent
  • assault
  • robbery
  • court conditions

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.4168 of 2026
                     Arising Out of PS. Case No.-196 Year-2025 Thana- MASHRAK District- Saran
               ======================================================
               Birbal Kumar Ram @ Birbal Ram @ Birbal Kumar S/O Kisnath Ram
               Resident Of Village- Badaki Semari, Police Station- Mashrakh, District-
               Saran at Chhapra                                         ... ... Petitioner/s
                                              Versus
               The State of Bihar                               ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :       Mr. Rajiv Ranjan Kumar Pandey, Advocate
               For the Opposite Party/s :       Dr. Mrityunjaya Kr.Gautam, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

2 06-02-2026                 Learned counsel of the petitioner is permitted to make

               necessary corrections in paragraph-1 of the bail application.

                           2. Heard Mr. Rajiv Ranjan Kumar Pandey, learned

               counsel for the petitioner and Dr. Mrityunjaya Kr.Gautam, learned

               Additional Public Prosecutor for the State.

                          3. The petitioner is apprehending his arrest in connection

               with Masrakh P.S. Case No. 196 of 2025, F.I.R. dated 08.05.2025

               for the offences punishable under Sections 126(2), 115(2), 118(1),

               109(1), 74, 303(2), 352, 351(2)(3) & 3(5) of BNS.

                          4. Allegation against the petitioner is that he along with

               other co-accused persons came to informant’s house and hit two

               slaps to her mother-in-law and when the informant objected, the

               accused persons, on point of pistol, took her to one room and

               snatched her ear ring and chain and also tried to outrage her

               modesty and on protest, the accused persons assaulted the
Patna High Court CR. MISC. No.4168 of 2026(2) dt.06-02-2026
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       informant on head and took Rs.50,000/- from the house.

                   5. Learned counsel for the petitioner submits that

       petitioner has clean antecedent and he has falsely been implicated

       in the present case. It appears from the FIR that there is no specific

       allegation of assault or overt act against the petitioner and he has

       made accused merely on the basis that petitioner belongs to same

       village. Although some of the persons received injury but the

       injury inflicted upon the injured persons is simple in nature.

                   6. The learned Additional Public Prosecutor has

       vehemently opposed the prayer for bail of the petitioner.

                    7. Considering the aforesaid facts and circumstances and

       the fact that petitioner has clean antecedent and there is no specific

       allegation of assault or overt ac tagainst him and injury inflicted

       upon the injured persons is simple in nature, let the petitioner,

       above named, in the event of arrest or surrender before the court

       below within a period of thirty days from the date of receipt of the

       order, be released on bail on furnishing bail bond of Rs. 10,000/-

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

       satisfaction of the learned Additional Sessions Judge, Buxar in

       connection with Masrakh P.S. Case No. 196 of 2025, subject to the

       conditions as laid down under Section 438(2) of the Code of

       Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
            Patna High Court CR. MISC. No.4168 of 2026(2) dt.06-02-2026
                                                        3/3




                   Suraksha Sanhita and with other following conditions:-

                                i. Petitioner shall co-operate in the trial and shall be

                   properly represented on each and every date fixed by the court

                   and shall remain physically present as directed by the court and

                   on his absence on two consecutive dates without sufficient

                   reason, his bail bond shall be cancelled by the Court below.

                                ii. If the petitioner tampers with the evidence or the

                   witnesses, in that case, the prosecution will be at liberty to move

                   for cancellation of bail.

                                iii. And further condition that the court below shall

                   verify the criminal antecedent of the petitioner and in case at any

                   stage it is found that the petitioner has concealed his criminal

                   antecedent, the court below shall take step for cancellation of bail

                   bond of the petitioner. However, the acceptance of bail bond in

                   terms of the above-mentioned order shall not be delayed for

                   purpose of or in the name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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