Patna High Court
Abhishek RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted as the petitioner appears to have been falsely implicated and the evidence does not substantiate the charges.
Summary
The petitioner, Abhishek Ram, was arrested on 30 April 2026 in connection with a case registered under Sections 115(2), 126(2), 109, 352, 351(2) and 191(2) of the Bihar Penal Code, alleging assault on the victim. The prosecution alleged that the petitioner had assaulted the victim, while the petitioner’s counsel contended that he was falsely implicated and that the injury report indicated a fabricated case. The petitioner applied for bail, arguing innocence and lack of substantive evidence. The court examined the material on record, including the injury report, and found merit in the claim of false implication. Consequently, the court allowed the bail application, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail in view of the allegations under Sections 115(2), 126(2), 109, 352, 351(2) and 191(2) of the Bihar Penal Code.
Legislation cited
- Bihar Penal Code — s. 109, 115(2), 126(2), 191(2), 351(2), 352
Subjects
- bail
- false implication
- assault
- criminal procedure
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44902 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Abhishek Ram S/O Jhagru Ram Resident of Village- Kalwachak, P.S.-
Kuchaikote, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurabh Kumar
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Kuchaikote P.S. Case No. 115 of 2026 registered for the offence
under Sections 115(2), 126(2), 109, 352, 351(2) and 191(2)of
the BNS.
3. As per the prosecution case, the petitioner is
accused of assaulting the victim.
4. The petitioner is in custody since 30.04.2026.
5. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He further submits that from perusal of the injury
report, it appears that the present case is false and fabricated.
Patna High Court CR. MISC. No.44902 of 2026(2) dt.09-07-2026
2/2
6. Considering the facts of the case, this application
is allowed.
7. Let the petitioner, above named, 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 concerned Court below in connection with Kuchaikote P.S.
Case No. 115 of 2026.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.