Patna High Court

Jawahir Ram @ Jawahar RamversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court held that anticipatory bail must be granted to the petitioner under Section 482(2) of the BNS.

Summary

The petitioner, Jawahir Ram, an elected Sarpanch, sought anticipatory bail fearing arrest in connection with Bhabhua Police Station Case No. 444 of 2025, which alleged his involvement in offences under multiple sections of the Bihar Negotiable Statutes (BNS). He contended that the allegations were false, stemmed from a personal dispute, and that he had no prior criminal record. The State opposed the bail application, arguing the seriousness of the charges. The Court examined the petitioner's clean antecedent, the lack of specific allegations against him, and the circumstances of the dispute. Relying on Section 482(2) of the BNS, the Court granted anticipatory bail subject to a bail bond of Rs. 20,000 and two sureties, with the condition that the petitioner surrender within six weeks if arrested.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNS despite the pending charges.
Whether the allegations against the petitioner are specific and credible enough to deny bail.
Whether the petitioner's clean criminal antecedent and role as an elected Sarpanch warrant relief.

Legislation cited

Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 324(4), 351(2), 352, 482(2), 74

Subjects

anticipatory bail
Section 482
Bihar criminal law
false implication
clean antecedent
electoral office holder
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4818 of 2026
                 Arising Out of PS. Case No.-444 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 Jawahir Ram @ Jawahar Ram, S/o Late Shiv Badan Ram, R/O Village-
                 Jigasni, Jigani (Damodar), P.S- Bhabhua, Distt.- Kaimur.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashutosh Tripathy, Adv.
                 For the Opposite Party/s :      Mr.Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                  1. Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Bhabhua P.S. Case No. 444 of 2025 dated 26.05.2025

                   registered for the offence(s) punishable under Section(s) 191(2),

                   190, 126(2), 115(2), 351(2), 352, 118(1), 109, 324(4) and 74 of

                   the BNS.

                                3.    Mr. Ashutosh Tripathy, learned counsel appearing

                   for the petitioner, submits that the petitioner is an elected

                   Sarpanch of the concerned panchayat where the alleged place

                   of occurrence falls on the alleged day of occurrence, the

                   petitioner tried to pacify the dispute in between both the parties

                   but the informant's side being aggrieved by the petitioner's role

                   has falsely implicated him in the alleged occurrence and the

                   specific allegation levelled against him in the FIR is completely

                   unfounded and not believable. Learned counsel further submits
            Patna High Court CR. MISC. No.4818 of 2026(2) dt.24-02-2026
                                                        2/2




                      that the allegation of assault is not specific against this petitioner

                      rather the same has been made against seven accused persons

                      and both the parties lodged cases against each other. It is lastly

                      submitted that the petitioner bears no criminal antecedent and

                      his past is completely clean.

                                   4. Learned APP appearing for the State has opposed

                      the bail prayer of the petitioner.

                                   5. In the facts and circumstances of this case and

                      considering the above stated facts and the pleas taken by the

                      petitioner coupled with his fair and clean antecedent, this court

                      is inclined to grant him the relief of anticipatory bail.

                      Accordingly, let the petitioner named-above, in the event of his

                      arrest/surrender before the learned court below within a period

                      of six weeks from today, be released on anticipatory bail in

                      connection with Bhabhua P.S. Case No. 444 of 2025 on

                      furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the Court concerned, subject to the conditions as laid down

                      under Section 482(2) of the BNSS.



                                                                          (Shailendra Singh, J)
Rajiv/-
U       T

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