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Patna High Court

NUNURAM DAS @ NUNU RAM DASversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and conditions.

Summary

Nunuram Das was arrested on 29-10-2025 in connection with a 2020 FIR alleging offences under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the IPC. He pleaded that he has a clean antecedent and that the FIR contains only a generic allegation against all accused, with no specific act attributed to him. The prosecution opposed his bail, while the petitioner highlighted that similarly situated co‑accused had been granted anticipatory or regular bail in earlier orders of this Court. The Court noted the absence of a specific allegation against the petitioner, his clean record, and the precedent of bail to co‑accused, and therefore ordered his release on bail subject to a bond of Rs.10,000 and several conditions. The bail order required the petitioner to cooperate with the trial, appear before the court, and not tamper with evidence or conceal any criminal antecedent.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged in the FIR
  • Whether the lack of a specific allegation against the petitioner and the grant of bail to co‑accused warrant bail in the present case

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • IPC offences
  • clean antecedent
  • co‑accused precedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4212 of 2026
                        Arising Out of PS. Case No.-219 Year-2020 Thana- JHAJHA District- Jamui
                 ======================================================
                 Nunuram Das @ Nunu Ram Das Son Of Late Lakhan Das R/O Village -
                 Dhobiyakura, P.S.- Jhajha, District - Jamui, State - Bihar. ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brajesh Sahay, Advocate
                                                  Ms. Mandari Kumari, Advocate
                                                  Ms. Aadya Dipti, Advocate
                                                  Ms. Amrita Kumari, Advocate
                 For the Opposite Party/s :       Mr. B. Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-01-2026                      Heard Mr. Brajesh Sahay, learned counsel for the

                   petitioner and Mr. B. Ram, learned Additional Public Prosecutor

                   for the State.

                                2. Petitioner seeks bail who is in custody since

                   29.10.2025 in connection with Jhajha P.S. Case No. 219 of

                   2020, F.I.R. dated 28.07.2020 for the offences punishable under

                   Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the

                   IPC.

                                3. According to prosecution case, this petitioner along

                   with other accused persons armed with deadly weapons

                   assaulted the informant and his family members.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   F.I.R is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.4212 of 2026(2) dt.30-01-2026
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          any offence as alleged in the F.I.R. Although the petitioner is

          named in the F.I.R but there is no specific allegation of assault

          or overt act attributed against the petitioner rather there is

          general and omnibus allegation against all the accused persons

          including this petitioner. He further submits that the police after

          investigation submitted the charge sheet against the petitioner.

          He further submits that similarly situated, co-accused, namely,

          Dwarika Das @ Dorika @ Dorika Das has been granted

          anticipatory bail by a co-ordinate Bench of this Court vide order

          dated 28.06.2024 passed in Cr. Misc. No. 10873 of 2024 and

          another co-accused, namely, Manoj Das has been granted

          regular bail by this Court vide order dated 07.01.2022 passed in

          Cr. Misc. No. 14965 of 2025. The petitioner is in custody since

          29.10.2025.

                      5.    Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, there is no specific

          allegation against him and similarly situated co-accused persons

          have been granted anticipatory and regular bail, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
            Patna High Court CR. MISC. No.4212 of 2026(2) dt.30-01-2026
                                                        3/3




                      like amount each to the satisfaction of the learned ACJM-II,

                      Jamui in connection with Jhajha P.S. Case No. 219 of 2020,

                      subject to the 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 bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-
U      T


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