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Patna High Court

Mutur RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioners 1, 2, 4, 6‑15 subject to bail‑bond conditions under Section 482, and dismissed the petition for petitioners 3 and 5 upon withdrawal.

Summary

The petitioners, a group of fifteen individuals from Damodarpur village, filed an anticipatory bail application fearing arrest in a case registered under multiple sections of the B.N.S., 2023. They alleged that the dispute arose from a petty fight resulting in injuries on both sides, and the allegations of assault were general. Counsel for the petitioners sought permission to withdraw the anticipatory bail petition for petitioners No. 3 (Ashok Ram) and No. 5 (Mahendra Ram), which the court allowed, dismissing the petition for those two. For the remaining petitioners (Nos. 1, 2, 4, 6‑15), the court examined whether anticipatory bail could be granted despite the serious nature of the offences. Relying on Section 482 of the B.N.S.S., 2023, the court ordered that they be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties each. The application was consequently disposed, with bail granted to the specified petitioners subject to the stated conditions.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the B.N.S.S., 2023 for the offences alleged.
  • Whether the petition for anticipatory bail may be withdrawn for specific petitioners after filing.

Legislation cited

  • B.N.S., 2023 — s. 109, 117(2), 126(2), 190, 191(2), 351(2), 352, 482, 76

Subjects

  • anticipatory bail
  • withdrawal of petition
  • Section 482
  • criminal procedure
  • multiple accused
  • bail conditions

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.82714 of 2025
     Arising Out of PS. Case No.-93 Year-2025 Thana- KARAMCHAT District- Kaimur (Bhabua)
     ======================================================
1.    Mutur Ram S/o- Late Bali Ram Resident of village- Damodarpur, P.S-
      Karamchat, District- Kaimur at Bhabua
2.   Babloo Ram S/o- Mutur Ram Resident of village- Damodarpur, P.S-
     Karamchat, District- Kaimur at Bhabua
3.   Ashok Ram S/o- Late Mukhdeo Ram Resident of village- Damodarpur, P.S-
     Karamchat, District- Kaimur at Bhabua
4.   Gautam Ram @ Gautam Kumar Ram S/o- Ashok Ram Resident of village-
     Damodarpur, P.S- Karamchat, District- Kaimur at Bhabua
5.   Mahendra Ram S/o- Late Lakar Ram Resident of village- Damodarpur, P.S-
     Karamchat, District- Kaimur at Bhabua
6.   Akshay Kumar Ram S/o- Mahendra Ram Resident of village- Damodarpur,
     P.S- Karamchat, District- Kaimur at Bhabua
7.   Vikram Ram @ Vikrama Ram S/o- Late Shivnath Ram Resident of village-
     Damodarpur, P.S- Karamchat, District- Kaimur at Bhabua
8.   Anil Ram S/o- Vikrama Ram Resident of village- Damodarpur, P.S-
     Karamchat, District- Kaimur at Bhabua
9.   Rabi Ram @ Ravi Ram @ Ravi Shankar Ram S/o- Vikram Ram Resident of
     village- Damodarpur, P.S- Karamchat, District- Kaimur at Bhabua
10. Chhangur Ram @ Ramesh Ram S/o- Vijay Ram Resident of village-
    Damodarpur, P.S- Karamchat, District- Kaimur at Bhabua
11. Dhanjee Ram @ Dhanjee Kumar Ram S/o- Jitendra Ram Resident of
    village- Damodarpur, P.S- Karamchat, District- Kaimur at Bhabua
12. Sanjay Ram S/o- Sumer Ram Resident of village- Damodarpur, P.S-
    Karamchat, District- Kaimur at Bhabua
13. Ramashish Paswan @ Ram Ashish Ram S/o- Satan Ram Resident of village-
    Damodarpur, P.S- Karamchat, District- Kaimur at Bhabua
14. Bahadur Ram S/o- Faguni Ram Resident of village- Damodarpur, P.S-
    Karamchat, District- Kaimur at Bhabua
15. Chandrashekhar Ram S/o- Prasad Ram Resident of village- Damodarpur,
    P.S- Karamchat, District- Kaimur at Bhabua

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

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :      Mr.Rajani Kant Pandey
     For the Opposite Party/s :      Mr.Anil Kumar Singh No. 1
     ======================================================
         Patna High Court CR. MISC. No.82714 of 2025(2) dt.05-01-2026
                                                     2/3




                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                    ORAL ORDER

2   05-01-2026                     At the outset, learned counsel for the petitioners

                   submits that he seeks permission to withdraw this anticipatory

                   bail petition in respect of petitioner no. 3 and 5 namely Ashok

                   Ram and Mahendra Ram.

                                2. Permission granted. The anticipatory bail petition

                   stands dismissed as withdrawn, so far as petitioner no. 3 & 5 are

                   concerned.

                                3. The petitioners (i.e. petitioner nos. 1, 2, 4 & 6 to

                   15) apprehend their arrest in a case registered for the offence

                   under Sections 191(2), 190, 126(2), 117(2), 109, 76, 352, 351(2)

                   of the B.N.S., 2023.

                                4. Learned counsel for the petitioners submits that on

                   account of petty dispute, a free fight took place between the

                   parties, in which both sides sustained injury. Case and counter

                   case. Allegation of assault is general and omnibus.

                                5. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail.

                                6. In the facts and circumstances of this case, let the

                   above-named petitioner nos. 1, 2, 4 & 6 to 15, in the event of

                   arrest/surrender within a period of eight weeks from today, be

                   enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
           Patna High Court CR. MISC. No.82714 of 2025(2) dt.05-01-2026
                                                       3/3




                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Judicial Magistrate 1st Class, Bhabua

                     (Kaimur) in connection with Karamchat P.S. Case No. 93 of

                     2025, subject to condition as laid down under Section 482 of the

                     B.N.S.S., 2023.

                                  7. This application is, accordingly, disposed of.



                                                        (Prabhat Kumar Singh, J)
anay

U      T


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