Patna High Court
Dilip Ram @ Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Dilip Ram, sought pre‑arrest bail in connection with a FIR (G.B. Nagar P.S. Case No. 594 of 2024) alleging offences under Sections 126(2), 115(2), 109, 351(2) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita, 2023, including ransom demand and assault on an informant. He argued that the allegations against him were omnibus, that he caused only simple injuries to the informant, that the grievous injury to the informant’s daughter was caused by a co‑accused not before the court, and that he has a clean antecedent and will cooperate with the investigation. The State opposed bail, contending that the petitioner participated in a brutal assault resulting in grievous injury. The Court, after weighing the nature of the accusations, the petitioner’s clean record, and the fact that the serious injury was attributed to another accused, granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and additional conditions under Section 482(2) of the BNS. The order directed the petitioner to surrender within four weeks if arrested.
Issues considered
- What is the appropriateness of granting pre‑arrest bail to the petitioner given the nature of the alleged offences and the injuries caused?
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 482(2)
Subjects
- pre‑arrest bail
- assault
- ransom demand
- grievous injury
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83618 of 2025
Arising Out of PS. Case No.-594 Year-2024 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Dilip Ram @ Dilip Kumar S/o- Late Mukhtar Ram Resident of Village -
Madhopur, P.S. - G.B. Nagar, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-01-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with G. B. Nagar P.S. Case No. 594 of 2024, registered for the
offences punishable under Sections 126(2), 115(2), 109, 351(2)
and 3(5) of the BNS, 2023.
3. The allegation against the petitioner is of causing
demand of ransom, besides the allegation of assault to the
informant by means of lathi, danda, fasuli and tangi along with
other accused persons. It is specifically alleged that when the
daughter of the informant came to her rescue, co-accused Viresh
Ram assaulted her by means of tangi over her head, due to
which she sustained grievous injury.
Patna High Court CR. MISC. No.83618 of 2025(2) dt.06-01-2026
2/3
4. Learned Advocate for the petitioner referring to the
FIR contended that even if the allegation is taken to be true, for
the sake of argument, there is omnibus nature of allegation
against the petitioner of causing assault along with other
accused persons to the informant, who has sustained simple
injuries; whereas the grievous injury sustained to the
informant’s daughter has been attributed to co-accused Viresh
Ram, who is not before this Court. The alleged occurrence took
place on 19.11.2024, and the present FIR came to be instituted
on 21.11.2024. Moreover, the petitioner bears fair antecedent
and he undertakes that he will fully co-operate in the proceeding
of the Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that the
petitioner along with other accused persons have brutally
assaulted the informant and her daughter, due to which one of
them has sustained grievous injury.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the nature of accusation levelled against the petitioner, coupled
with the fair antecedent as well as the simple nature of injuries
sustained to the informant which is attributed to the petitioner,
Patna High Court CR. MISC. No.83618 of 2025(2) dt.06-01-2026
3/3
let the petitioner above named be released on bail, in the event
of his arrest or surrender before the court below within a period
of four weeks from the date of receipt/production of a copy of
this order, upon furnishing bail bonds of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
IV, Siwan in connection with G. B. Nagar P.S. Case No. 594 of
2024, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
shivank/-
U T
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