Patna High Court
Ramesh Ram @ Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to the petitioner subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Ramesh Ram, was arrested in a case alleging that he threatened a school headmaster with a pistol, demanded Rs.10,000, and assaulted the informant. He claimed the allegations were false and stemmed from village politics, asserting he only sought unpaid remuneration for his sister‑in‑law. The State opposed his bail, while the petitioner’s counsel argued his innocence, lack of prior criminal record, and willingness to cooperate. The court examined the seriousness of the charges under the Bharatiya Nyaya Sanhita and the circumstances of the alleged offense. Considering the facts and the petitioner’s assurances, the court granted bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed the petitioner to surrender within six weeks if arrested.
Issues considered
- Whether bail should be granted in a case involving alleged assault, intimidation, and extortion under the Bharatiya Nyaya Sanhita
- Whether the petitioner’s claim of political victimisation and lack of criminal antecedent warrants bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 121(1), 121(2), 126(2), 132, 3(5), 351(2)
Subjects
- bail
- criminal procedure
- assault
- extortion
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80148 of 2025
Arising Out of PS. Case No.-389 Year-2025 Thana- JHAJHA District- Jamui
======================================================
Ramesh Ram @ Ramesh Kumar S/O Mathura Ram @ Sulakhiya Mishra
Resident of Village- Kanan, P.S.- Jhajha, Dist.- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 351(2), 132, 109,
121(1), 121(2) read with 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., it is alleged that on
11.08.2025, when the informant, who was In-charge Head
Master at upgraded Middle School, Kanan, was on his duty in
the meantime, petitioner came and started abusing him and
pointed pistol on the informant and also demanded rangdari of
Rs.10,000/-. It is further alleged that when informant tried to
flee away from there, then the petitioner assaulted on his head
by butt of pistol.
Patna High Court CR. MISC. No.80148 of 2025(2) dt.06-01-2026
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4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to village politics. As a
matter of fact, petitioner’s sister-in-law was working as cook in
the said school for the last three years but no any remuneration
was paid to her, therefore in this regard, petitioner requested the
informant for payment of remuneration but with the ulterior
motive, the informant lodged the present case against the
petitioner. The injury to the injured is simple in nature.
Petitioner has got no criminal antecedent and he undertakes to
cooperate in the investigation and trial and shall not visit the
concerned school.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioner be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Jamui in connection with Jhajha P.S. Case No. 389
Patna High Court CR. MISC. No.80148 of 2025(2) dt.06-01-2026
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of 2025, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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