Patna High Court
Ram Bilash SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court held that anticipatory bail may be granted as the allegations do not warrant denial of bail, subject to conditions under Section 482 of the Bharatiya Nyaya Sanhita.
Summary
Ram Bilash Singh, a 79‑year‑old petitioner, applied for anticipatory bail in connection with a case alleging he transferred money to Amit Kumar and caused the suicide of Vijay Kumar Manjhi. The prosecution relied on an informant’s statement linking the petitioner to the post office and to the alleged non‑return of funds. The petitioner contested the allegations, presenting bank statements showing no such transfer and a written application from the deceased’s wife alleging threats by the informant. The court noted the petitioner’s clean antecedent, lack of corroborative evidence, and advanced age, and consequently ordered that anticipatory bail be granted upon furnishing a bail bond of Rs 10,000 with two sureties and compliance with conditions under Section 482 of the Bharatiya Nyaya Sanhita. The order also stipulated attendance requirements and provisions for cancellation if conditions are breached.
Issues considered
- Whether anticipatory bail should be granted in a case under Sections 108/3(5) of the Bharatiya Nyaya Sanhita.
- Whether the prosecution’s allegations constitute sufficient ground to deny bail.
- Whether the petitioner’s age, clean criminal record, and lack of documentary evidence justify granting bail.
- How Section 482 of the Bharatiya Nyaya Sanhita applies to the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 108, 3(5), 482
Subjects
- anticipatory bail
- Section 108 BNSS
- Section 3(5) BNSS
- Section 482 BNSS
- suicide allegation
- financial fraud
- age and antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64709 of 2025
Arising Out of PS. Case No.-205 Year-2025 Thana- GORIAKOTHI District- Siwan
======================================================
Ram Bilash Singh S/o Late Jang Bahadur Singh R/o Village- Goreakothi,
P.S.- Goreakothi, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kant, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Goriakothi P.S. Case No. 205 of 2025
instituted for the offences punishable under Sections 108/3(5) of
the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant has
alleged that he received an information by the Mustafabad Post
Office that people had gathered at the Post Office. When he
reached there he saw a dead body of Vijay Kumar Manjhi was
hanging from the ceiling. The informant has further alleged that
his deceased brother had disclosed that Ram Bilash Singh (the
petitioner) was an agent of the Goriakothi Post Office and he
had transferred the amount of one Amit Kumar into his account
Patna High Court CR. MISC. No.64709 of 2025(3) dt.17-01-2026
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and was not returning the same and it was on account of such
non-returning of the amount his brother had committed suicide.
The informant has further alleged that it was on account of the
mental pressure induced by the petitioner, the wife of the
deceased and others that his brother had committed suicide.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated and no such money or
amount has been transferred in his account which will be
evident from the account’s statement brought on record by way
of Annexure-3. It has further been submitted that the person
who is said to have made such payment i.e. Amit Kumar has not
come forward to substantiate the allegation of the informant in
the present case. Learned counsel for the petitioner has drawn
the attention of this Court towards Annexure-4 which is a
written application given by the wife of the deceased wherein
she has alleged that the informant Ajay Kumar Manjhi and
Ashok Manjhi had been giving threats in Chhapra when they
had gone for evidence in the maintenance case. It has lastly been
submitted that the petitioner is an old man of 79 years and has
clean antecedent.
5. learned APP has vehemently opposed the prayer for
anticipatory bail.
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6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Siwan in
connection with Goriakothi P.S. Case No. 205 of 2025, subject
to the conditions as laid down under Section 482 of the BNSS
and subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
Patna High Court CR. MISC. No.64709 of 2025(3) dt.17-01-2026
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petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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