Patna High Court
Ramakant MalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
2/3
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
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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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