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Patna High Court

Bimlesh RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petitioners' prayer for anticipatory bail, subject to conditions, under Section 438(2) CrPC read with Section 482(2) B.N.S.S.

Summary

Petitioners Bimlesh Ram and Mukesh Ram sought anticipatory bail fearing arrest in a case (Gaurichak PS No.546/2022) involving numerous IPC offences such as rioting, assault, and criminal intimidation. The prosecution alleged that the petitioners, along with a large crowd, obstructed a road, raised slogans, caused a public nuisance, and damaged a vehicle. The petitioners contended they were falsely implicated, were not present at the incident, and have clean antecedents, while the State opposed the bail. The High Court examined the adequacy of the allegations, the petitioners' claims of false implication, and the statutory provisions governing anticipatory bail. Applying Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., the Court granted anticipatory bail subject to strict conditions, including surety bonds, personal presence in court, and verification of criminal antecedents. The order clarified that any observations made would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC.
  • Whether the allegations against the petitioners constitute sufficient ground to deny bail.
  • Whether the court can impose conditions under Section 482 of the B.N.S.S. while granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • public nuisance
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8347 of 2026
                      Arising Out of PS. Case No.-546 Year-2022 Thana- GAURICHAK District- Patna
                 ======================================================
           1.     Bimlesh Ram, Son of Late Kathin Ram R/o Village - Sohagi, P.S. -
                  Gaurichak, Dist. - Patna.
           2.    Mukesh Ram, Son of Krishna Ram R/o Village - Sohagi, P.S. - Gaurichak,
                 Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioners apprehend their arrest in connection

                   with Gaurichak P.S. Case No.546 of 2022 registered for the

                   offences under Sections 147, 148, 149, 341, 342, 323, 307, 504,

                   506, 332, 333, 337, 338, 353, 188, 427, 509/120-B of the Indian

                   Penal Code.

                                3. The allegation against the petitioners is that they

                   had obstructed the road and had been raising slogans and were

                   creating a nuisance along with 200 to 250 persons. It is alleged

                   that the petitioners along with others, had even damaged the

                   glasses of the vehicle which was crossing.
Patna High Court CR. MISC. No.8347 of 2026(2) dt.17-02-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that the

          petitioners have falsely been implicated in this case and their

          names have been given by the local villagers out of their

          personal rivalry. It has further been submitted that the

          petitioners were not present at the place of occurrence and there

          are no specific allegations against the petitioners. It has lastly

          been submitted that the petitioners have clean antecedents.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioners above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) each with two sureties of the

          like amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Gaurichak P.S. Case No.546 of 2022, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.

          as well as subject to the following conditions:-

                                       (i) One of the bailors of the petitioners shall
                          be their close relative.
              Patna High Court CR. MISC. No.8347 of 2026(2) dt.17-02-2026
                                                          3/3




                                                     (ii) The petitioners shall remain physically
                                        present in Court on each date of the trial.
                                                     (iii) In case of absence on two consecutive
                                        dates, or in violation of the terms of the bail, the bail
                                        bond of the petitioners will be liable to be cancelled by
                                        the Court concerned.
                                                     (iv) If the petitioners are found involved in
                                        similar nature of offence in future, the prosecution shall
                                        be at liberty to move for cancellation of their bail bond.
                                                     (v) The learned Court below shall verify the
                                        criminal antecedent of the petitioners and in case at any
                                        stage it is found that the petitioners have concealed
                                        their criminal antecedent, the court below shall take
                                        step for cancellation of bail bond of the petitioners.
                                        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.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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