Patna High Court
Sanket KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that in the absence of any specific allegation or overt act against the petitioners and considering their clean antecedent, bail must be granted.
Summary
The petitioners, Sanket Kumar and Lilawati Devi, were arrested in July 2025 in connection with a case alleging assault with an iron rod that caused the death of the informant's husband. The FIR and charge‑sheet list several offences under the Bihar Narcotic Substances Act, 2023, but the specific allegation of assault is directed only at Rameshi Paswan, a family member of the petitioners. The petitioners contend they have clean antecedents and were implicated solely because of their relationship to the co‑accused. The State opposed bail, but the court observed that no overt act or specific allegation was made against the petitioners themselves. Consequently, the court granted bail on a personal bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted when the petitioners are named in the FIR but no specific allegation of assault is made against them
- Whether mere familial relationship to a co‑accused justifies continued detention
- Whether the petitioners' clean criminal antecedent warrants bail despite the pending charges
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 352
Subjects
- bail
- false implication
- family member liability
- criminal antecedent
- Bihar Narcotic Substances Act
- assault
- homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78371 of 2025
Arising Out of PS. Case No.-34 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
1. Sanket Kumar S/O Ramesh Kumar @ Ramesh Paswan @ Rameshi Paswan
@ Samesh R/O Village- Khajuri, P.S- Naubatpur, Distt.- Patna, Bihar.
2. Lilawati Devi W/O Ramesh Kumar @ Ramesh Paswan @ Rameshi Paswan
@ Samesh R/O Village- Khajuri, P.S- Naubatpur, Distt.- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Raghvendra Kumar, learned counsel for the
petitioners and Mr. Jai Narain Thakur, learned Additional Public
Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
21.07.2025 in connection with Naubatpur P.S. Case No. 34 of
2025, F.I.R. dated 13.01.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 352, 3(5) of the B.N.S.,
2023 but the Police has submitted chargesheet under sections
126(2), 115(2), 103(1), 352, 3(5) of the BNS, 2023.
3. According to prosecution case, petitioners and other
co-accused persons are alleged to have assaulted the husband of
the informant and her son. The specific allegation of assault is
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upon co-accused Rameshi Paswan who assaulted the
informant’s husband with iron rod on his head due to which he
died.
4. Learned counsel for the petitioners submit that
petitioners have clean antecedent and they have falsely been
implicated in the present case. From bare perusal of the FIR, it
appears that the specific allegation of assault is attributed
against co-accused, namely, Rameshi Paswan who happens to
be father of petitioner no. 1 and husband of petitioner no. 2.
Although, the petitioners are named in the FIR, but there is no
specific allegation of assault or overt act against the petitioners
and the petitioners have been made accused in the present case
merely on the ground that the petitioners are family members of
co-accused, namely, Rameshi Paswan and the said Rameshi
Paswan is in judicial custody. The police after investigation,
submitted chargesheet against the petitioners and the petitioners
are in custody since 21.07.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
and the fact that the petitioners have clean antecedent, there is
no specific allegation of assault or overt act attributed against
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the petitioners and the specific allegation of assault is attributed
against co-accused Rameshi Paswan who happens to be family
member of the petitioners, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M-VI, Danapur in connection
with Naubatpur P.S. Case No. 34 of 2025, with the following
conditions:
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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