Patna High Court
Umesh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to a bond of Rs.10,000 each, two sureties and compliance with Section 482(2) of the BNSS.
Summary
The petitioners, Umesh Ram, Dinesh Ram and Avinash Kumar, sought anticipatory bail fearing arrest in a case alleging offences under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the IPC. The informant claimed that on 6 March 2021 a group of eleven accused, including the petitioners, assaulted her husband, stole money and threatened villagers, linking the incident to a prior case against Sukhlal and his family. The petitioners contended that they were falsely implicated, that the specific assault was carried out by Ramaswami on Sukhlal’s orders, and that the allegations against them were vague and based only on their association with Sukhlal. The State opposed the anticipatory bail application. The Court, after considering the submissions, granted anticipatory bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 each with two sureties, subject to the conditions under Section 482(2) of the BNSS and the discretion of the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances alleged
- Whether the petitioners are likely to be falsely implicated in the offences
- Whether the conditions prescribed under Section 482(2) of the BNSS are applicable
Subjects
- anticipatory bail
- false implication
- Indian Penal Code
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69886 of 2025
Arising Out of PS. Case No.-36 Year-2021 Thana- DUMARIAGHAT District- East
Champaran
======================================================
1. Umesh Ram R/O Sukhalal Ram Resident of village- Pakari, P.S.-
Dumariyaghat, Dist.- East Champaran
2. Dinesh Ram S/O Sukhalal Ram Resident of village- Pakari, P.S.-
Dumariyaghat, Dist.- East Champaran
3. Avinash Kumar S/O Umesh Ram Resident of village- Pakari, P.S.-
Dumariyaghat, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Adv
Ms. Harsha Shashwat, Adv
For the Opposite Party/s : Mr.Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 02-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 341, 323,
324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the informant
alleges that on 6-3-2021, her husband at 6 am had gone to see
his field, when 11 named accused persons including the
petitioners came and started abusing, on protest, the accused
started assaulting her husband, on which he raised an alarm,
Patna High Court CR. MISC. No.69886 of 2025(3) dt.02-04-2026
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when informant reached the place of occurrence and saw that
Ramaswami assaulted her husband by farsa causing injury on
head and on orders of Sukhlal, Vindhwasini dashed her on the
ground and accused snatched Rs. 4,500/- from pocket of her
husband, on alarm, villagers gathered when accused fled
threatening, further reason for the occurrence is that earlier
Dumariyaghat PS Case No. 17 of 2021 was instituted against
Sukhlal and his family members.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that specific allegation of
assaulting the husband of the informant is against Ramaswami
on orders of Sukhlal and as far as these petitioners are
concerned, allegation against them is general and omnibus in
nature. It is also submitted that since petitioners are co-villagers
of Sukhlal and they support him hence they also came to be
implicated.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
Patna High Court CR. MISC. No.69886 of 2025(3) dt.02-04-2026
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from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Dumariyaghat P.S. Case No. 36 of 2021,
subject to the conditions as laid down under Section 482 (2) of
the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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