Patna High Court
Nawal RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioners Nawal Ram and Manoj Ram sought anticipatory bail after being implicated in a FIR alleging murder, grievous hurt, and criminal conspiracy under IPC sections 302, 328 and 120B. They contended that the informant, who was not an eye‑witness, fabricated the case because of a matrimonial dispute and that the deceased actually died from consuming spurious liquor. The State opposed the bail application. The Court examined the lack of direct evidence and the possibility of a false complaint, and, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to further conditions. The order directs that if arrested within eight weeks, the petitioners be released on bail by the Additional Chief Judicial Magistrate, Hilsa, Nalanda.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR alleging offences under IPC sections 302, 328 and 120B.
- Whether the FIR is based on sufficient evidence or is a false complaint arising from a matrimonial dispute.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120B, 302, 328
Subjects
- anticipatory bail
- false FIR
- murder
- IPC
- Section 482
- criminal procedure
- bail conditions
- spurious liquor
- matrimonial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8283 of 2026
Arising Out of PS. Case No.-628 Year-2023 Thana- CHANDI District- Nalanda
======================================================
1. Nawal Ram S/o- Late Sugambar Ram Village- Gilanichak Sinduara Police
Station- Chandi District- Nalanda
2. Manoj Ram @ Dhanraj Ram S/o- Anuj Ram Village- Gilanichak Police
Station- Chandi District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 302, 328, 120B of the
Indian Penal Code.
3. As per F.I.R., informant suspects that all the named
accused persons committed murder of the son of informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioner no. 1 was mediator of the marriage and petitioner no.
2 is brother-in-law of the deceased. Informant is not an eye
witness of the occurrence and due to matrimonial dispute,
Patna High Court CR. MISC. No.8283 of 2026(2) dt.11-02-2026
2/2
petitioners have been made accused in this case only on
suspicion. As a matter of fact, deceased died due to consumption
of spurious liquor and taking advantage of the situation,
informant lodged this false and concocted case against
petitioners and others. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate, Hilsa, Nalanda in connection with Chandi P. S. Case
No. 628 of 2023, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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