Patna High Court
Ramjee Prasad @ Ramjee SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners subject to surrender within eight weeks and furnishing a bail bond of Rs.10,000 with two sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, Subhawati Devi, Ramjee Prasad (Ramjee Sah) and Sindhu Devi, sought bail in a case where they were accused of offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 129(3), 109, 103 and 352 of the Bhartiya Nyaya Sanhita for allegedly assaulting and killing the husband of an informant on 18 July 2025. The prosecution alleged a group assault with a lathi and stone‑throwing, leading to the victim’s death, while the defence argued that the allegations were vague, the FIR did not specify overt acts by the petitioners, and the post‑mortem report showed only two injuries, contradicting the charge of multiple assailants. The informant opposed bail, but the court considered the lack of specific incriminating material and the petitioners’ clean antecedents. Relying on Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the court ordered bail on the condition of surrender within eight weeks and furnishing a bail bond of Rs.10,000 with two sureties. The bail was granted subject to the stipulated conditions.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita.
- Whether the FIR and post‑mortem report provide sufficient specific evidence of the petitioners' participation in the alleged assault and murder.
- Whether the conditions imposed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, are appropriate.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 103, 109, 115(2), 126(2), 129(3), 190, 191(2), 191(3), 352
Subjects
- bail
- criminal procedure
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- assault
- murder
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78852 of 2025
Arising Out of PS. Case No.-228 Year-2025 Thana- CHOUTARWA District- West
Champaran
======================================================
Subhawati Devi Wife of Subhash Prasad Resident of village -Jamdar tola PS-
Chautarwa Distric West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 82008 of 2025
Arising Out of PS. Case No.-228 Year-2025 Thana- CHOUTARWA District- West
Champaran
======================================================
1. Ramjee Prasad @ Ramjee Sah S/o Late Yamuna Sah R/o Village - Jamadar
Tola Siswa Basantpur, P.S - Choutarwa, District - West Champaran
2. Sindhu Devi @ Sindu Devi W/o Deepu Kumar R/o Village - Jamadar Tola
Siswa Basantpur, P.S - Choutarwa, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 78852 of 2025)
For the Petitioner/s : Mr.Sujeet Kumar
For the Opposite Party/s : Mr.Mukesh Kumar Singh
(In CRIMINAL MISCELLANEOUS No. 82008 of 2025)
For the Petitioner/s : Mr.Milind Kumar Mishra
For the Opposite Party/s : Mr.Surendra Kumar
For the Informant
in both cases : Mr. Kaushal Kumar Upathyay, with
Deepika Sharma & Rajat Kumar Tiwary.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State (in both cases) and learned counsel for the
informant.
Patna High Court CR. MISC. No.78852 of 2025(3) dt.13-01-2026
2/3
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 191(2), 191(3), 190,
126(2), 115(2), 129(3), 109, 103, 352 of the Bhartiya Nyaya
Sanhita.
3. The prosecution case, in brief, is that on 18.07.2025
at about 6:40 PM, all the FIR named accused persons including
petitioners came at the door of informant and started abusing
and thereafter, assaulted husband of informant by means of
lathi, causing head injury. It is further alleged that few unknown
persons threw stones over the house of Ramji Sah (petitioner
no.1 in Cr.Misc. No. 82008 of 2025) and being annoyed with
the same, the accused persons killed husband of the informant.
4. Learned counsel for the petitioners submits that
allegation of assault is general and omnibus and there is no
specific allegation of overt act against petitioners. He further
submits that as per F.I.R., 10 accused persons assaulted the
deceased, but in the post-mortem report, only two injuries have
been found on the person of deceased, which itself falsifies the
prosecution case. Petitioners claim clean antecedent.
5. Learned counsel for the informant vehemently
opposed the bail petitions.
6. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.78852 of 2025(3) dt.13-01-2026
3/3
let the petitioners in both cases, namely; Subhawati Devi,
Ramjee Prasad @ Ramjee Sah and Sindhu Devi @ Sindu Devi,
in the event of their arrest/surrender within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bonds
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. Ist, Bagaha,
District – West Champaran in connection with Chautarwa P.S.
Case No. 228 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
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