Patna High Court
Ramesh Singh @ Ramesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail is warranted as the petitioner has a clean antecedent and the allegations appear to be false, granting bail under Section 482(2) of the BNSS.
Summary
Ramesh Singh, a resident of Rohtas, applied for anticipatory bail after an FIR was lodged under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita alleging that he colluded with Bhanu Ram in a house‑construction contract and threatened to implicate him under the SC/ST Act. The petitioner contended that he has a clean antecedent, that the allegations are false, and that the case was fabricated by the informant when Bhanu Ram demanded additional payment for the unfinished work. He also highlighted that Bhanu Ram himself had earlier obtained anticipatory bail in a related matter. The State opposed the grant of anticipatory bail, arguing that the offences are serious and the petitioner could tamper with evidence. The Court, after considering the submissions, held that the petitioner’s claim of false implication and his clean record warranted the grant of anticipatory bail. Accordingly, the Court ordered his release on anticipatory bail subject to bail bonds of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in a case registered under Sections 316(2) and 318(4).
- Whether the allegations against the petitioner constitute a false case warranting bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4), 482(2)
Subjects
- anticipatory bail
- false case
- contract dispute
- Bharatiya Nyaya Sanhita
- Section 316
- Section 318
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4764 of 2026
Arising Out of PS. Case No.-391 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Ramesh Singh @ Ramesh Kumar Singh S/o Chandradev Singh Resident of
Village - Kharoj Kalam, P.S - Surajpura, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anant Kumar Pandey, Adv
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Dr. Indiwar Kumari, who is virtually
connected.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 316(2) and
318(4) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he entered into an agreement with Bhanu Ram for
constructing his house at the rate of Rs. 140 per square feet,
further accused took an amount of Rs. 2,60,000/- for which a
receiving was given and also took an amount of Rs. 42,600/- for
which no receiving was given, it is next alleged that Bhanu
Ram, despite receiving money, was demanding more money and
Patna High Court CR. MISC. No.4764 of 2026(2) dt.29-04-2026
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did not complete the construction and even threatened to
implicate him in a case relating to SC/ST Act.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that in
pursuance of an agreement, Bhanu Ram had taken contract of
constructing the house of the informant and when he demanded
his legitimate dues, the instant false case came to be instituted.
It is also submitted that petitioner is an Assistant of Bhanu Ram.
It is next submitted that Bhanu Ram had approached this Court
seeking anticipatory bail by filing Cr. Misc No. 58837 of 2025
and the same came to be allowed by an order dated 9-9-2025.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
Patna High Court CR. MISC. No.4764 of 2026(2) dt.29-04-2026
3/3
with Udwantnagar P.S. Case No. 391 of 2024 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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