Patna High Court
Ramakant KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Ramakant Kushwaha, sought anticipatory bail fearing arrest in a case arising from a fight between two groups at a dance programme, which resulted in injuries. The prosecution charged him under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The petitioner argued that the allegations were generic and did not attribute any overt act to him, and he has a clean antecedent; a co‑accused, Baliram Yadav, had already been granted anticipatory bail in a similar case. The State opposed the bail. The Court, considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within eight weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
- Whether the generic allegations constitute sufficient ground to deny bail.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 can be invoked to impose conditions on the bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118, 121(2), 126(2), 132, 190, 191(2), 191(3), 225, 323, 351(2), 352
Subjects
- anticipatory bail
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
- criminal procedure
- bail conditions
- fight injury case
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78979 of 2025
Arising Out of PS. Case No.-36 Year-2025 Thana- BHANGHA District- West Champaran
======================================================
Ramakant Kushwaha S/o Bindeshwari Kushwaha R/o Village- Sherawa
Rampur, P.S.- Bhagaha, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gauri Shankar Thakur
For the Opposite Party/s : Mr.Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 191(2), 191(3), 190,
126(2), 115(2), 118, 109, 117(2), 352, 351(2), 323, 225, 121(2),
and 132 of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, a fight took place
between two groups during a dance programme in which both
sides sustained injuries.
4. Learned counsel for the petitioner submits that here
are general and omnibus allegations against the petitioner, and
there is no allegation of any overt act attributed to him.
Similarly situated co-accused Baliram Yadav has already been
granted anticipatory bail by this Court, vide order dated
05.12.2025 passed in Cr.Misc. No. 66198 of 2025. Petitioner
claims clean antecedent.
Patna High Court CR. MISC. No.78979 of 2025(2) dt.09-02-2026
2/2
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case, let the
above named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Bettiah, West Champaran, in
connection with Bhagaha P.S. Case No. 36 of 2025,, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…