Patna High Court
Ramjee Singh @ Ramjee Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 118(2), 126(2), 3(5)
- Criminal Procedure Code — s. 438(2)
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
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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.
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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/-
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