Patna High Court
Birbal Kumar Ram @ Birbal Ram @ Birbal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482
- Code of Criminal Procedure — s. 438
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
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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
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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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