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Patna High Court

Akhilesh RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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)

U          T


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