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Patna High Court

Gajendra RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) of the CrPC.

Summary

The petitioner, Gajendra Ram, sought anticipatory bail fearing arrest in a case involving multiple IPC offences (147, 148, 149, 341, 323, 324, 307, 504, 506, 427). He asserted a clean antecedent and claimed that the informant had falsely implicated him, noting that no specific allegation of assault was made against him. The State opposed the bail. The Court examined the submissions and, applying Section 438(2) of the Criminal Procedure Code, ordered that the petitioner be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the conditions laid down by the 5th Additional Sessions Judge, Muzaffarpur. The order effectively granted anticipatory bail with conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC despite the serious nature of the offences alleged.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • false implication
  • clean antecedent
  • Indian Penal Code offences
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81955 of 2025
                    Arising Out of PS. Case No.-13 Year-2020 Thana- MUSAHARI District- Muzaffarpur
                 ======================================================
                 Gajendra Ram S/O Kishori Ram R/O Village- Barhata Ganga Ram, Post-
                 Khanpur, P.S- Halhauri, Distt.- Muzaffarpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mazharul Hassan, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 147, 148, 149, 341,

                   323, 324, 307, 504, 506 and 427 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that the accused persons including the petitioner came to

                   his house and started assaulting him with an intention to kill,

                   further Baban Singh assaulted by sword causing injury on head,

                   thereafter Bacchu assaulted by an iron rod causing injury on back

                   side of the head, thereafter, all the accused persons assaulted, as a

                   result of which, he became unconscious.

                                4. Learned counsel for the petitioner submits that
               Patna High Court CR. MISC. No.81955 of 2025(2) dt.17-02-2026
                                                           2/2




                         petitioner has been falsely implicated in the instant case by the

                         informant. It is next submitted that no specific allegation of assault

                         is alleged against the petitioner rather the allegation of assault

                         against the petitioner is general and omnibus in nature and Md.

                         Arif had approached this Court seeking anticipatory bail by filing

                         Criminal Miscellaneous No.89837 of 2024 which came to be

                         allowed by an order dated 21.02.2025 passed by a learned

                         Coordinate Bench.

                                      5.   Learned APP opposes                the   anticipatory   bail

                         application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner, let petitioner, above-named, in the event

                         of his arrest or surrender within a period of six weeks from today,

                         be released on bail on furnishing bail bond of Rs.10,000/- (Rupees

                         Ten Thousand) with two sureties of the like amount each to the

                         satisfaction of the learned 5th Additional Sessions Judge,

                         Muzaffarpur in connection with Musahri P.S. Case No.13 of 2020,

                         subject to the conditions as laid down under Section 438(2) of the

                         Cr.P.C.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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