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Patna High Court

Ramakant MalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied bail, holding that the seriousness of the offences and the death of the victim preclude the grant of regular bail.

Summary

The petitioner, Ramakant Mal, was arrested on 29 May 2025 in connection with an assault on Bhagmani Devi that allegedly caused her death on 28 May 2025. He faces charges under several sections of the BNS, including offences of assault, homicide, and related offences. The petitioner argued that he has a clean antecedent, that the incident was part of a mutual altercation arising from a land dispute, and that the FIR is a retaliatory counter‑complaint, seeking regular bail. The State and the informant’s counsel contended that the assault directly caused the victim’s death and that the seriousness of the offences warrants denial of bail. After hearing both sides, the Court held that the gravity of the charges and the death of the victim preclude the grant of bail and rejected the petition.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with offences including assault leading to death.
  • Whether the alleged land‑dispute context and mutual assault mitigate the seriousness of the charges for bail purposes.

Legislation cited

  • BNS — s. 103, 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74

Subjects

  • bail
  • assault
  • homicide
  • criminal procedure
  • BNS
  • land dispute
  • counter FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61878 of 2025
                    Arising Out of PS. Case No.-139 Year-2025 Thana- BAGHA District- West Champaran
                 ======================================================
                 Ramakant Mal S/O Kishun Mal R/O Village - Nawaka Tola, Badgaow, Ward
                 No.7, P.S.- Bagaha, District- West Champaran
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Sri Baxi Sri Raman Pd. Sinha, Sr. Advocate
                                                  Sri Krishna Kumar Singh, Advocate
                 For the Opposite Party/s :       Sri Sanjay Kumar Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-02-2026                   1. Heard Sri Baxi Sri Raman Pd. Sinha, learned

                   Senior Counsel for the petitioner, learned A.P.P. for the State and

                   learned counsel appearing on behalf of the informant.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 103, 109, 126(2), 115(2),

                   118(1), 303(2), 74, 351(2), 352 and 3(5) of the BNS.

                                 3. Learned Senior Counsel appearing on behalf of the

                   petitioner submits that petitioner is a person with clean

                   antecedent and is in custody since 29.05.2025 and from perusal

                   of the allegation as alleged in the FIR, it would manifest that

                   petitioner is alleged to have assaulted Bhagmani Devi by Khanti

                   causing injury on head. It is further submitted that no doubt, the

                   petitioner is alleged to have assaulted Bhagmani Devi causing

                   injury on head but then on account of dispute relating to land, an
Patna High Court CR. MISC. No.61878 of 2025(3) dt.25-02-2026
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          altercation had taken place in which both sides assaulted each

          other. It is next submitted that from the side of the petitioner,

          Bagaha P.S. Case No. 136 of 2025 came to be instituted against

          the informant and others, as such, the instant FIR is a

          counterblast. It is also submitted that the blow was not repeated

          and petitioner is not a criminal.

                       4. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant opposed the prayer for

          regular bail of the petitioner. Learned counsel appearing on

          behalf of the informant submits that what is not in dispute rather

          stands admitted is that Bhagmani Devi died and she died during

          the course of treatment on account of assault made by the

          petitioner. It is further submitted that the date of occurrence is

          24.05.2025 and Bhagmani Devi died on 28.05.2025 i.e. four

          days after the occurrence, as such, it can be easily inferred that

          the proximate cause of death was the assault made by the

          petitioner causing injury on her head.

                       5. At this stage, learned Senior Counsel appearing on

          behalf of the petitioner submits that Manish Kumar had

          approached this Court seeking regular bail by filing Cr. Misc.

          No. 65169 of 2025 and the same came to be allowed by an order

          dated 07.11.2025 thereafter Jagarnath Mal along with three
           Patna High Court CR. MISC. No.61878 of 2025(3) dt.25-02-2026
                                                       3/3




                     others had approached this Court seeking regular bail by filing

                     Cr. Misc. No. 65279 of 2025 and the same came to be allowed

                     by an order dated 07.11.2025, as such, the case of the petitioner

                     be also considered.

                                  6. Learned A.P.P. for the State and learned counsel

                     appearing on behalf of the informant submit that Manish Kumar

                     and Jagarnath Mal along with others are not alleged to have

                     assaulted Bhagmani Devi rather specific allegation of assaulting

                     Bhagmani Devi is against this petitioner of causing injury on

                     head which is vital part of the body and that too by Khanti.

                                  7. After hearing the learned counsel for the parties,

                     the Court is not inclined to release the petitioner on bail in

                     connection with Bagaha P.S. Case No. 139 of 2025 pending in

                     the Court of learned 1st Additional Chief Judicial Magistrate,

                     Bagaha, West Champaran/Successor Court.

                                  8. Hence, the prayer for bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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