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Patna High Court

Ramkumar Das @ Ram Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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