Patna High Court
Gajendra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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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