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Patna High Court

Vikash Ram @ Vikesh Kumar @ Vikesh Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.69844 of 2025(3) dt.21-01-2026
                                            3/4




                       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;
             Patna High Court CR. MISC. No.69844 of 2025(3) dt.21-01-2026
                                                         4/4




                                                            (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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