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Patna High Court

Ajay RamversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioner no.1 is entitled to anticipatory bail as the allegations are general and no specific material links him to the offence.

Summary

The petitioners, Ajay Ram and Akshay Ram, applied for pre‑arrest (anticipatory) bail in a case arising from a land‑dispute‑related FIR alleging multiple offences under the Bihar Penal Code. Akshay Ram withdrew his bail application and was directed to surrender before the District Court for regular bail. Ajay Ram argued that the FIR contains only general, omnibus allegations with no specific act attributed to him, that co‑accused have already been granted anticipatory bail, and that he has a clean antecedent. The Court found that no material had been collected to connect Ajay Ram with the offences and held that he prima facie merited anticipatory bail. Accordingly, the District Court was directed to release Ajay Ram on bail if arrested or surrendered within four weeks, subject to a bond, sureties and verification of his criminal antecedents under Section 482 of the CrPC. The petition was disposed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the FIR alleging multiple offences.
  • Whether the general and omnibus nature of the allegations suffices to deny bail.
  • Whether Section 482 of the Criminal Procedure Code applies to grant anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • Bihar Penal Code
  • Criminal Procedure Code
  • Section 482
  • land dispute
  • FIR
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6633 of 2026
                  Arising Out of PS. Case No.-74 Year-2025 Thana- PHENHARA District- East Champaran
                 ======================================================
           1.     Ajay Ram S/O Nageshwar Ram Resident of Village - Madhurapur, P.S.-
                  Fenhara, District - East Champaran.
           2.    Akshay Ram S/O Nageshwar Ram Resident of Village - Madhurapur, P.S.-
                 Fenhara, District - East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Madhurendra Kumar, Advocate
                 For the Opposite Party/s :      Mr.Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   05-05-2026                  Heard Mr. Madhurendra Kumar, learned counsel

                   appearing on behalf of the petitioners and Mr. Aditya Narayan

                   Singh.1, learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Phenhara P.S. Case No. 74/2025 registered for the

                   offence(s) punishable under Sections 191(2), 191(3), 190,

                   329(4), 126(2), 115(2), 118(1), 118(2), 117(2), 109, 103, 303(2),

                   352, 351(2) of the BNS.

                                3. As per the allegation made in the FIR, the

                   informant, Neelam Devi, lodged a written complaint alleging

                   that the F.I.R.-named accused persons, including the petitioners,

                   formed an unlawful assembly and assaulted her husband and
Patna High Court CR. MISC. No.6633 of 2026(5) dt.05-05-2026
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          other family members with various weapons, resulting in

          injuries, and it is further alleged that her modesty was outraged

          and her belongings were snatched and her husband succumbed

          to injuries during treatment.

                       4. At the outset, learned counsel appearing on behalf

          of the petitioners seeks to withdraw the bail application of the

          petitioner no.2 with a liberty to the petitioner to surrender before

          the learned District Court and seek regular bail.

                       5. Considering the aforesaid submission made on

          behalf of the petitioner no.2, the petitioner no.2, if so advised,

          may surrender before the learned District Court and seek regular

          bail. In that case, the learned District Court is directed to

          consider the bail application of the petitioner no.2 on the same

          day on the basis of material which has come in course of

          investigation.

                       6. So far as, the petitioner no.1 is concerned, learned

          counsel appearing on behalf of petitioner submitted that

          submitted that the allegations in the F.I.R. are general and

          omnibus in nature, with specific role attributed only to co-

          accused Sanjay Ram, and no specific overt act is attributable to

          the petitioner no.1. The occurrence was a case of free fight

          between the parties, and subsequently, names of elderly and
Patna High Court CR. MISC. No.6633 of 2026(5) dt.05-05-2026
                                            3/4




          female members have been dragged with ulterior motive. No

          material has been collected during investigation to connect the

          petitioners with the alleged offence. Learned counsel further

          submitted that similarly situated co-accused persons have

          already been granted anticipatory bail by this Court. The

          petitioner has clean antecedents. On these grounds, the

          petitioner seeks to be released on pre-arrest bail.

                       7.    Learned APP for the State vehemently opposed

          the prayer for grant of pre-arrest bail.

                       8. Having heard the rival submissions made on behalf

          of the parties, as well as, upon perusal of the record, it appears

          that the dispute between the parties arises out of a land dispute

          relating to ancestral property, and admittedly, a partition suit is

          pending between them. The allegations in the F.I.R. against the

          petitioner no.1 is general and omnibus in nature, with specific

          and direct allegation of assault attributed to a co-accused. The

          present is a case of free fight between the parties, and

          subsequently, names of other family members, including elderly

          and female members, have been implicated. It also transpires

          that no specific material has been collected during investigation

          to connect the petitioner no.1 with the alleged offence. Similarly

          situated co-accused persons have already been granted
           Patna High Court CR. MISC. No.6633 of 2026(5) dt.05-05-2026
                                                       4/4




                     anticipatory bail by this Court. I am of the opinion that the

                     petitioner no.1 has, prima facie, made out a case to be released

                     on pre-arrest bail.

                                  9. The learned District Court is directed to release the

                     petitioner no.1 on anticipatory bail, in the event of his arrest or

                     surrender before the learned District Court within a period of

                     four weeks from today, on furnishing bail bond of Rs. 10,000/-

                     (Ten thousand) with two sureties of the like amount each, to the

                     satisfaction of learned District Court where the case is pending

                     in connection with Phenhara P.S. Case No. 74/2025, subject to

                     the condition as laid down under Section 482 of the

                     BNSS//438(2) of the Cr.P.C.

                                  10. The learned District Court is directed to verify

                     the criminal antecedent of the petitioner no.1, as stated in

                     paragraph no. 3 of the bail application. If any other case is

                     pending against the petitioner, as what has been stated in

                     paragraph no. 3, this order will lose its force automatically.

                                  11. The present petition stands disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-
U      T


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