Patna High Court
Ramkumar Das @ Ram Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Ramkumar Das and his wife Ranju Devi, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita relating to assault and robbery arising from a land dispute. They argued they have clean antecedents, that the alleged injuries were simple, and that the informant had falsely implicated them, noting a familial relationship between the parties. The State opposed the bail, but also acknowledged the injuries were simple. The court examined the allegations, the nature of the injuries, and the petitioners' background, and considered the provisions of Section 482(2) of the BNSS. It ordered that, upon arrest or surrender within six weeks, the petitioners be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties each, subject to the conditions laid down under Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged injuries and the petitioners' antecedents justify bail.
- Whether Section 482(2) of the BNSS permits the court to impose conditions on anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71643 of 2025
Arising Out of PS. Case No.-275 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
1. Ramkumar Das @ Ram Kumar Das S/O Muneshwar Das @ Muneshvar Das
R/O Korbaddha Laguniya Surykanth, Ward No. 08, P.O and P.S- Mufassil,
District- Samastipur, State- Bihar.
2. Ranju Devi W/O Ramkumar Das @ Ram Kumar Das R/O Korbaddha
Laguniya Surykanth, Ward No. 08, P.O and P.S- Mufassil, District-
Samastipur, State- Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhigyan Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 11-02-2026 1. Heard learned counsel for the petitioners and the
learned APP for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.
2 is a woman and is wife of petitioner no. 1 and the informant
alleges that on 22-6-2025 his uncle Dinesh started constructing
wall on his land, on objection, 13 named accused persons
Patna High Court CR. MISC. No.71643 of 2025(3) dt.11-02-2026
2/3
including the petitioners came and petitioner no. 1 and Dinesh
assaulted informant’s brother and sister by rod and kulhari,
further petitioner no. 1 assaulted Arti by rod causing injury on
eye and head, while Surendra assaulted Vicky by bamboo on
back and Surendra snatched Rs. 40,000 from his pocket while
Prince snatched chain of his sister.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that on
account of dispute relating to land, the occurrence is alleged to
have taken place. It is also submitted that petitioners and the
informant are related. It is further submitted that no doubt
petitioner no. 1 is alleged to have assaulted the brother and sister
of the informant, but then the injury suffered has been opined to
be simple in nature and the blow is not alleged to have been
repeated. It is also submitted that petitioners are not criminals
and there is no specific allegation against petitioner no. 2.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners, but then fairly submits after
perusing the case diary that the injury suffered by the injured
has been opined to be simple in nature.
Patna High Court CR. MISC. No.71643 of 2025(3) dt.11-02-2026
3/3
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
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 Samastipur (Muffasil) P.S. Case No. 275 of
2025, subject to the conditions as laid down under Section 482
(2) of the BNSS.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…