Patna High Court

MASUDAN RAMversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted bail to the petitioner, holding that the allegations did not constitute sufficient ground to deny bail.

Summary

Masudan Ram was arrested in connection with the murder of the informant's father, who was shot by co‑accused while traveling in an auto. The prosecution alleges that Masudan, along with another accused, threatened the victim prior to the shooting, and he is charged under several sections of the B.N.S. and Section 27 of the Arms Act. The petitioner contended that he did not partake in the shooting and has no prior criminal record, seeking bail after being in custody since September 2025. The State and the informant opposed bail, arguing the seriousness of the offences. Considering that Masudan was not the actual assailant, his clean antecedents, and the period of custody, the court granted bail on a bond of Rs. 10,000 with two sureties, thereby releasing him.

Issues considered

Whether bail should be granted to an accused who is alleged to have threatened the victim but not participated in the shooting.
Whether the seriousness of the charges under the B.N.S. and the Arms Act precludes bail.

Legislation cited

Arms Act — s. 27
B.N.S. — s. 103, 127(2), 3(5), 351(2), 61(2)

Subjects

bail
threat
murder
Arms Act
criminal procedure
sections
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81293 of 2025
                     Arising Out of PS. Case No.-103 Year-2025 Thana- ARIYARI District- Sheikhpura
                 ======================================================
                 MASUDAN RAM S/O LATE PARMESHWAR RAM R/o Village- Kemra,
                 P.S- Ariyari, Dist- Sheikhpura

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Dr. Anjani Pd. Singh, Advocate
                 For the State           :        Mr. Anuj Kumar Shrivastava, APP
                 For the Informant       :        Mr. Bipin Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 127(2), 103, 351(2), 61(2)

                   and 3(5) of the B.N.S. and Section 27 of the Arms Act.

                                3. As per prosecution case, it is alleged that on

                   29.07.2025 at about 6 PM, while father of informant was

                   returning home and reached near Kemra village in an auto, in

                   the meantime, co-accused Arun Ram, Manoj Ram, Uday Kumar

                   and Vikas Ram, all armed with pistols, stopped the auto and

                   fired upon father of informant as a result of which, he died. It is

                   further alleged that all other F.I.R. named accused persons,

                   including this petitioner, are also involved in the offence and
Patna High Court CR. MISC. No.81293 of 2025(2) dt.30-01-2026
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          prior to the incident, co-accused Raghunandan Ram and this

          petitioner     threatened       the     father   of   informant   of   dire

          consequences on his way back home.

                       4. It is submitted by learned counsel for the petitioner

          that petitioner is quite innocent and has committed no offence.

          From bare perusal of the F.I.R. it is apparent that petitioner is

          not the assailant of the deceased and he is only alleged to have

          threatened the deceased of dire consequences prior to the

          incident. Moreover, charge-sheet has already been submitted

          and petitioner, having no criminal antecedents, is in custody

          since 07.09.2025.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, fact that petitioner is not one of the assailant, period of

          custody and clean antecedents of the petitioner, the prayer for

          grant bail of to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner be

          released 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 A.C.J.M.-II, Sheikhpura in connection
             Patna High Court CR. MISC. No.81293 of 2025(2) dt.30-01-2026
                                                         3/3




                       with Ariary P.S. Case No. 103 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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