Patna High Court
Ram Niwas @ Ram Nivas DasversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court dismissed the bail application for petitioner No.1 as withdrawn and granted pre‑arrest bail to petitioners No.2‑5 subject to bond and conditions under Sec. 438(2) CrPC/Sec. 482(2) BNSS.
Summary
The petitioners sought bail in a case registered under several sections of the Indian Penal Code for alleged assault on an informant and her family. Petitioner No.1, Ram Niwas, had been arrested during the pendency of his bail application, leading his counsel to withdraw the bail prayer, which the court dismissed as withdrawn. Petitioners No.2 to 5 applied for pre‑arrest bail, arguing that the FIR contained only vague, non‑specific allegations and that no particular act could be attributed to them. The State opposed the bail, but the court, after reviewing the FIR and noting the injuries were minor and the lack of specific charges against the petitioners, ordered that they be released on pre‑arrest bail subject to a bond and conditions under Sec. 438(2) CrPC/Sec. 482(2) BNSS. The court also directed the District Court to verify any prior criminal antecedents, stating that the order would lapse if such antecedents were found. The bail application was thus disposed of.
Issues considered
- Whether pre‑arrest bail can be granted when the FIR allegations are non‑specific and not directly attributable to the accused.
- Whether the bail application for petitioner No.1 should be dismissed as withdrawn after his arrest.
- Whether conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS are applicable to the grant of bail.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482(2)
- Indian Penal Code — s. 109(1), 115(2), 117(2), 190, 191(2), 191(3), 351(2), 351(3), 352
Subjects
- bail
- pre‑arrest bail
- Indian Penal Code
- Criminal Procedure Code
- non‑specific allegations
- Section 438
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43816 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- Kinjar District- Arwal
======================================================
1. Ram Niwas @ Ram Nivas Das son of Vilas Das Resident of Mohalla- Parha,
Po- Akbarpur, Ps- Kinjer, Dist- Arwal
2. Bhola @ Bhola Das son of Shiv Nandan Das Resident of Mohalla- Parha,
Po- Akbarpur, Ps- Kinjer, Dist- Arwal
3. Jay Kishor @ Jai Kishor Das son of Shiv Nandan Das Resident of Mohalla-
Parha, Po- Akbarpur, Ps- Kinjer, Dist- Arwal
4. Vigan @ vigan Das Son of Bhola Das Resident of Mohalla- Parha, Po-
Akbarpur, Ps- Kinjer, Dist- Arwal
5. Amrita @ Amrita Kumari Daughter of Jay Kishore Das Resident of
Mohalla- Parha, Po- Akbarpur, Ps- Kinjer, Dist- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shreyas Shridhar, Advocate.
Mr. Uditya Kumar, Advocate.
Mr. Pranav Kumar Rai, Advocate.
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-07-2026 At the outset, learned counsel appearing on behalf
of the petitioners seeks to withdraw the prayer for bail on behalf
of petitioner no.1 Ram Niwas @ Ram Nivas Das, submitting
that the petitioner no.1 has been arrested during the pendency of
the bail application.
2. In view of the above, the prayer for bail on behalf
of petitioner no.1 Ram Niwas @ Ram Nivas Das stands
dismissed as withdrawn.
3. Heard learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.43816 of 2026(2) dt.08-07-2026
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petitioners and learned APP for the State.
4. The petitioner nos. 2 to 5 seek pre-arrest bail in
connection with Kinjer P.S. Case No. 40 of 2026 registered for
the offence punishable under Sections 191(2), 191(3), 190,
115(2), 117(2), 109(1), 351(2), 351(3) and 352 of the BNS.
5. As per the allegation made in the F.I.R., all the
accused persons including the petitioners are said to have
assaulted the informant and her family members causing them
injury.
6. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
have falsely been implicated in the case. The allegation alleged
against them is not specific rather general and omnibus. The
specific allegation of assault is against other co-accused.
7. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
8. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the fact that two injuries are simple in nature and
one is grievous, but in absence of any specific allegation
attributable to any of the petitioners, the petitioner nos. 2, 3, 4
and 5, are directed to be released on pre-arrest bail, in the event
Patna High Court CR. MISC. No.43816 of 2026(2) dt.08-07-2026
3/3
of their arrest or surrender before the Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of learned CJM, Arwal in
connection with Kinjer P.S. Case No. 40 of 2026, subject to the
condition as laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
9. The District Court is directed to verify the criminal
antecedent of the petitioner nos. 2 to 5 and if it is found that the
petitioner nos. 2 to 5 are involved in some other cases as what
has been stated in Para-3 of the bail petition, this order will
automatically lose its force.
10. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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