Patna High Court
Akhilesh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Akhilesh Ram was arrested on 30 August 2025 in connection with an assault case (Shikarpur P.S. Case No. 729 of 2025) alleged under Sections 126(2), 115(2), 118(1), 109(1), 303(2) and 3(5) of the B.N.S. The petitioner claimed he was falsely implicated, arguing that the FIR contains only a generic allegation against all accused and that the injuries reported were simple and caused by a blunt object. The State and the informant opposed bail, contending that the petitioner participated in the crime and has another pending case. The Court examined the material and, considering the lack of specific incriminating allegation and the petitioner’s cooperation, ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions regarding presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under Sections 126(2), 115(2), 118(1), 109(1), 303(2) and 3(5) of the B.N.S.
- Whether the generic nature of the FIR allegations suffices to deny bail.
- Whether the petitioner’s alleged prior criminal antecedent affects the bail decision.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- assault
- false implication
- B.N.S.
- conditions of bail
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83390 of 2025
Arising Out of PS. Case No.-729 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Akhilesh Ram Son of Shri Bindhyachal Ram Resident of village - Rajpur,
P.S.- Shikarpur, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alexander Ashok, Advocate
For the Informant : Mr. Manindra Kishore Singh, Advocate
For the State : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-01-2026 Heard Mr. Alexander Ashok, learned counsel for the
petitioner, Mr. Manindra Kishore Singh, learned counsel for the
Informant and Mr. Mukesh Kumar Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
30.08.2025, in connection with Shikarpur P.S. Case No. 729 of
2025, F.I.R. dated 18.07.2025 registered for the offences
punishable under Sections 126(2), 115(2), 118(1), 109(1),
303(2), 3(5) of B.N.S.
3. Allegation against the petitioner is that he along
with other co-accused persons has assaulted Murari Mishra with
knife and sharp edge grasi due to which he sustained injury.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.83390 of 2025(3) dt.17-01-2026
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petitioner is innocent and he has been falsely implicated in the
present case. He further submits that although the petitioner is
named in the F.I.R. along with other co-accused person but from
perusal of the F.I.R. it appears that there is no specific allegation
of any assault or overt act attributed against him rather there is
general and omnibus allegation against all the accused persons
including the petitioner. Although, the son of the informant has
received injury but the injury report of the informant suggests
that all the injuries are simple in nature caused by hard and blunt
substance. He further submits that the police after investigation
submitted chargesheet against the petitioner and the petitioner
is in custody since 30.08.2025.
5. The learned Additional Public Prosecutor for the
State as well as learned counsel for the Informant, on the other
hand, vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner has participated in the present
crime in question as well as the petitioner carries one more case
other than the present one.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, 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
Patna High Court CR. MISC. No.83390 of 2025(3) dt.17-01-2026
3/3
learned Chief Judicial Magistrate, West Champaran, Bettiah in
connection with Shikarpur P.S. Case No. 729 of 2025, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
Ibrar//- (Rajesh Kumar Verma, J)
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