Patna High Court
Byas Ram @ Byas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, Byas Ram and Vikash Ram, applied for anticipatory bail fearing arrest in connection with Obra Police Station Case No. 241 of 2025, which alleged offences under several sections of the B.N.S. and the Dowry Prohibition Act for allegedly assaulting a victim to demand dowry. The petitioners contended that they were falsely implicated, had clean antecedents, and faced only general and omnibus allegations. The State opposed the bail, arguing that the charges warranted detention. The Court examined the merits of the anticipatory bail application, considering the provisions of Section 438(2) of the Code of Criminal Procedure and Section 482 of the B.N.S. The Court allowed the application, directing that the petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC
- Whether the allegations under the B.N.S. and Dowry Prohibition Act justify denial of bail
Legislation cited
- B.N.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- criminal procedure
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5976 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- OBRA District- Aurangabad
======================================================
1. Byas Ram @ Byas Kumar S/O Vinay Ram R/O Village- Bharoob, P.S.-
Obra, Dist.- Aurangabad
2. Vikash Ram @ Vikash Kumar S/O Vinay Ram R/O Village- Bharoob, P.S.-
Obra, Dist.- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Birendra Yadav S/O Kameshwar Yadav R/O Vill.- Bel Bigha, P.S.- Mali,
Dist.- Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Obra P.S. Case No. 241 of 2025 registered for
the offence under Sections 115(2), 126(2), 117(2), 109(1), 352,
351(2), 3(5) of the B.N.S. and Section 3/ 4 of the Dowry
Prohibition Act.
3. As per the prosecution case, petitioners along
with others are assaulting the victim for demand of dowry.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
Patna High Court CR. MISC. No.5976 of 2026(3) dt.24-02-2026
2/2
falsely been implicated in this case. It is next submitted that
there is general and omnibus allegations against the petitioners.
Petitioners have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Sub-
Divisional Judicial Magistrate, Daudnagar, Aurangabad/
concerned Court below in connection with Obra P.S. Case No.
241 of 2025, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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