Patna High Court
Vikash Ram @ Vikesh Kumar @ Vikesh Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The petitioners are entitled to anticipatory bail subject to the conditions imposed by the Court.
Summary
Vikash Ram and Dhanesh Ram, members of a Scheduled Caste, were implicated in a case (PS No.262/2025) alleging assault on the informant’s son with an iron rod after a dispute over music volume. The petitioners contend that the informant has repeatedly harassed them and that a counter‑case under the SC/ST Act has been filed against the informant’s family. They argue that the injuries to the son were simple and that they have clean antecedents, while five co‑accused have already been granted anticipatory bail. The State opposed the bail application. The High Court, noting the existence of a counter‑case, the minor nature of the injuries, the petitioners’ neighbourly relationship and clean record, exercised its power under Section 482(2) of the BNSS to grant anticipatory bail with a bond of Rs 10,000 and specific conditions. The order directs that bail be released within four weeks of arrest or surrender, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in view of the alleged assault and the existence of a counter‑case under the SC/ST Act.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 115(2), 126(2), 3(1), 3(2), 3(5), 351(2), 3(i), 76
Subjects
- anticipatory bail
- Scheduled Caste
- assault
- simple injury
- Section 482
- bail conditions
- SC/ST Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69844 of 2025
Arising Out of PS. Case No.-262 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
1. Vikash Ram @ Vikesh Kumar @ Vikesh Kumar Ram S/o Yogendra Ram
R/o Village- South Telhua Ward No. 15 Tola Navrahi, P.S.- Nautan, District-
West Champaran
2. Dhanesh Ram S/o Faguni Ram R/o Village- South Telhua Ward No. 15 Tola
Navrahi, P.S.- Nautan, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap, Adv.
For the Opposite Party/s : Ms.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 21-01-2026 Heard Mr. Sarvesh Kashyap, learned counsel for
the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Nautan P.S. Case No. 262 of 2025 for the
offence punishable under sections 126(2), 115(2), 118, 109,
303(2) and 3(5) of the BNS lodged on 07.06.2025 by the
informant.
3. As per the prosecution case, the allegation against
the petitioners is that on 15.04.2025, the petitioners along with
other accused persons were playing obscene songs on DJ and
when the son of the informant namely, Laddu Kumar requested
them to play the songs at low volume, this enraged the
petitioners and others, as a result of which, the petitioners are
Patna High Court CR. MISC. No.69844 of 2025(3) dt.21-01-2026
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said to have assaulted his son on his head by means of iron rod
inflicting injuries due to which, his son fell unconscious.
Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
these petitioners belong to Scheduled Castes and owing to their
status in the society, the informant and his family members have
regularly been harassing them for which the case has been
registered by these petitioners, the details of which, is referred at
para-9 of the present petition being Bettiah SC/ST PS Case No.
15 of 2025 registered under Sections 126(2), 115(2), 76, 351(2),
3(5) and 3(2) (va), 3(i)(r), 3(1) (s) of the SC/ST Act against the
informant and his family members. It has next been submitted
that altogether seven persons have been made accused in this
case while five of them have been allowed the privilege of
anticipatory bail by the learned trial court itself. Learned
counsel further submits that the injuries, which are said to have
been sustained by the informant’s son, do not corroborate the
allegation which is levelled in the FIR, while the nature of
injuries as opined by the treating doctor, has been found to be
simple.
5. Learned APP opposes the prayer for anticipatory
bail.
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6. Considering the fact that there is a case and
counter case between the parties as stated above, the injuries
sustained by the son of the informant are simple in nature,
petitioners are next door neighbours and they have got clean
antecedent, this Court is inclined to extend them the privilege of
anticipatory bail.
7. Let the petitioners, above named, be released on
bail in the event of arrest or surrender within a period of four
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) each with two sureties of like
amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Bettiah, West Champaran in connection
with aforesaid PS Case, subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail
bond by the Trial Court itself;
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(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
U T
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