Patna High Court
Ram Bharosh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The Court held that anticipatory bail could not be granted and the petitioners must surrender and seek regular bail.
Summary
The petitioners sought anticipatory bail in a case registered under several sections of the Bharatiya Nyaya Sanhita, 2023, alleging that they were falsely implicated in the assault and subsequent death of an informant's husband. The prosecution alleged that the petitioners participated in the assault on the informant's husband and Vashisht Singh, leading to the husband's death. The petitioners argued that they have no criminal antecedent, were implicated due to a land dispute, and that no specific allegation was made against them; they also pointed to the regular bail granted to a co‑accused. The State opposed the anticipatory bail, emphasizing the specific allegations and the seriousness of the offences. The Court, after considering the gravity of the offences and the facts, refused anticipatory bail, directing the petitioners to surrender before the trial court and apply for regular bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged assault and death of the informant's husband.
- Whether the nature and gravity of the offences alleged preclude the grant of anticipatory bail.
- Whether the petitioners' claim of false implication and lack of specific allegations is sufficient to merit anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 351(2), 352
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- assault
- death
- land dispute
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51768 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
======================================================
1. Ram Bharosh Singh S/o- Late Surya Narayan Singh @ Sury Narayan Singh
Village- Dharampur Bande P.S- Shahpur Patory District- Samastipur
2. Arun Kumar S/o- Ram Bharosh Singh Village- Dharampur Bande P.S-
Shahpur Patory District- Samastipur
3. Arvind Kumar S/o- Prem Chandra Singh Village- Dharampur Bande P.S-
Shahpur Patory District- Samastipur
4. Shivam Kumar S/o- Ram Bharosh Singh Village- Dharampur Bande P.S-
Shahpur Patory District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 58873 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Naresh Singh Son of Ramjee Singh @ Ramji Singh Resident of village -
Chaksauli, Police Station - Mahisaur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 51768 of 2025)
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate
Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
(In CRIMINAL MISCELLANEOUS No. 58873 of 2025)
For the Petitioner/s : Mr. Alok Kumar Thakur, Advocate
Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 12-03-2026 Heard Mr. N. K. Agrawal, learned senior counsel,
Mr. Alok Kumar Thakur, learned counsel for the petitioners, Mr.
Patna High Court CR. MISC. No.51768 of 2025(4) dt.12-03-2026
2/3
Choubey Jawahar, learned APP for the State and perused the
case diary.
2. The petitioners apprehend arrest in connection with
Shahpur Patory P.S. Case No. 46 of 2025, registered under
Sections 103(1), 191(2), 190, 126(2), 115(2), 109, 352, 351(2)
of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the accused
persons including the petitioners assaulted informant’s husband
and one Vashisht Singh due to which the informant’s husband
died in course of his treatment.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. Learned counsel for the petitioners also submits
that total eight persons are named in the FIR including these
petitioners. It is next submitted that due to alleged land dispute
between the parties, the petitioners have been falsely implicated
in this case and no specific allegation has been attributed against
them. The petitioners have got no criminal antecedent. Learned
counsel for the petitioners further submits that other co-accused
has been granted regular bail by this Court vide order dated
09.09.2025 passed in Cr. Misc. No. 40138 of 2025.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.51768 of 2025(4) dt.12-03-2026
3/3
the prayer for grant of bail to the petitioners and submits that the
petitioners are named in the FIR and there is specific allegation
of assaulting informant’s husband and Vashisht Singh against
these petitioners. Hence, the petitioners do not deserve the
privilege of anticipatory bail.
6. Considering the aforesaid facts and circumstances
of the case, nature and gravity of the offence, this Court is not
inclined to grant bail anticipatory bail to the petitioners.
7. The prayer is rejected. However, the petitioners are
directed to surrender in the Court below and pray for regular
bail. If any such application is filed, the Court below shall
consider and dispose of the same on its own merit without being
prejudiced by this order.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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