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Patna High Court

Ramjee Singh @ Ramjee Prasad SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners sought anticipatory bail in a case (Kawakole PS Case No. 377 of 2024) alleging offences under Sections 103(1), 118(2), 126(2), 115(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that the petitioners had assaulted a deceased person with sharp weapons, leading to his death. The petitioners contended they were falsely implicated and that the police investigation found no prima facie material against them, while the magistrate nonetheless took cognizance. The prosecution relied on a confessional statement of co‑accused Budhan Manjhi, who admitted that he and his father had assaulted the deceased. Considering the lack of any charge sheet against the petitioners, the confessional statement against the co‑accused, and the police’s conclusion of no prima facie case, the court exercised its power under Section 438(2) of the CrPC and granted anticipatory bail, directing bail bonds of Rs.10,000 with two sureties each.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging serious offences.
  • Whether the confessional statement of a co‑accused and the police’s finding of no prima facie case justify granting bail under Section 438 CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bhartiya Nyaya Sanhita
  • confessional statement
  • prima facie evidence
  • police investigation
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7388 of 2026
                     Arising Out of PS. Case No.-377 Year-2024 Thana- KAUWAKOL District- Nawada
                 ======================================================
           1.     Ramjee Singh @ Ramjee Prasad Singh S/O Saryoog Singh Resident of
                  Village- Kewali, P.S- Kawakole, District- Nawada.
           2.    Pappu Singh S/O Lato Singh Resident of Village- Kewali, P.S- Kawakole,
                 District- Nawada.
           3.    Chandan Singh @ Rajan Kumar @ Chandan Kumar S/O Yogendra Kumar
                 Teyagi @ Yogendra Singh Resident of Village- Kewali, P.S- Kawakole,
                 District- Nawada.
           4.    Sunil Kumar @ Sunil Yadav S/O Prasadi Yadav Resident of Village- Karma,
                 P.S- Kawakole, District- Nawada.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Kumar Prasad
                 For the Opposite Party/s :      Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   06-05-2026         1.   Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Kawakole Police Station Case No. 377 of 2024, dated

                            29.10.2024,       disclosing    offences      punishable       under

                            Sections 103(1)/118(2)/126(2)/115(2)/3(5) of the Bhartiya

                            Nyaya Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 27.10.2024, at about 5 PM, the brother of the

                            informant, namely, Daroga Yadav (now, deceased), along
Patna High Court CR. MISC. No.7388 of 2026(4) dt.06-05-2026
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                   with co-villager Kundan Kumar left his house on a

                   motorcycle, saying that he is going to the Mukhiya

                   Ramjee Singh, petitioner no. 1. At 7 PM, when the

                   informant called Kundan Kumar on his phone, his mobile

                   was switched off. At about 2 AM, the brothers of Kundan

                   Kumar came to the house of the informant and told him

                   that Kundan Kumar had told them that the petitioners and

                   others assaulted the deceased by sharp cutting weapons

                   and thrown his body in the Ganga Sagar Khanda and the

                   said Kundan Kumar anyhow fled away from there in

                   injured condition. Upon this, the informant, along with

                   his family members, went to Ganga Sagar Khanda and

                   saw his brother in badly injured condition and took him to

                   the sadar hospital, where after first aid, he was referred to

                   AIIMS, Patna. The deceased was admitted in AIIMS,

                   Patna on 28.10.2024 where he died in course of treatment.

              4.   Learned Counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated

                   in this case. The police, after completion of instigation,

                   exonerated these petitioners and were not sent up for trial

                   on the ground that no prima facie material was found

                   against     these     petitioners.         However,   the   learned
Patna High Court CR. MISC. No.7388 of 2026(4) dt.06-05-2026
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                   Magistrate, differing with the final form, has taken

                   cognizance against these petitioners also. The fact of the

                   matter is that the deceased along with Kundan Kumar

                   were stealing the fishes of Darogi Manjhi and said Darogi

                   Manjhi and his son, Budhan Manjhi saw them and

                   assaulted them by means of danda and iron-rod.

              5.   Learned Additional Public Prosecutor for the State,

                   referring to the contents of the case diary, submits that the

                   confessional statement of co-accused Budhan Manjhi was

                   recorded by the police on 09.11.2024, in which he has

                   confessed that he, along with his father, assaulted the

                   deceased and Kundan Kumar, and due to the assault made

                   by them, the deceased later on died.

              6.   Regards being had to the submissions advanced on behalf

                   of the parties and taking into consideration the

                   confessional statement of the co-accused Budhan Manjhi,

                   recorded in the case diary and the fact that the police,

                   after completion of investigation, has not sent the

                   petitioners for trial and charge sheet has been submitted

                   against co-accused Budhan Manjhi and his father, Darogi

                   Manjhi, I am inclined to grant the petitioners privilege of

                   anticipatory bail.
            Patna High Court CR. MISC. No.7388 of 2026(4) dt.06-05-2026
                                                        4/4




                          7. This application is, accordingly, allowed.

                          8.   Let the petitioners, above named, in the event of their

                               arrest or surrender before the Court below within a period

                               of four weeks from today, be released on bail on

                               furnishing bail bonds of Rs. 10,000/- (ten thousand) each

                               with two sureties of the like amount each to the

                               satisfaction of learned Judicial Magistrate, 1st Class,

                               Nawada, in connection with Kawakole Police Station

                               Case No. 377 of 2024, subject to the condition laid down

                               under Section 438 (2) of the Code of Criminal Procedure.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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