Patna High Court
Paras RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Considering the nature of the accusations, the minor injuries and the petitioners' clean antecedent, the court granted anticipatory bail subject to conditions under Section 482(2) of the BNSS.
Summary
Petitioners Paras Ram and Lalan Ram were accused of assaulting relatives of an informant, involving alleged theft of jewelry, a mobile phone and cash. They applied for anticipatory bail, claiming innocence, lack of specific overt acts, minor injuries to victims, and a clean antecedent. The State opposed the bail. The court examined the nature of the accusations, the extent of injuries, and the petitioners' clean record. Finding the allegations to be general and the injuries minor, the court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS given the nature of the alleged offences?
- Whether the alleged assault and theft constitute sufficient grounds to deny bail?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 326(F), 352, 482(2)
Subjects
- anticipatory bail
- assault
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84483 of 2025
Arising Out of PS. Case No.-73 Year-2025 Thana- HASAN BAZAR District- Bhojpur
======================================================
1. Paras Ram S/O Late Anant Ram Resident of Village- Ujaindihara, PS.-
Hasan Bazar, District- Bhojpur.
2. Lalan Ram S/O Late Anant Ram Resident of Village- Ujaindihara, PS.-
Hasan Bazar, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 17-03-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 190, 126(2),
115(2), 109(1), 303(2), 326(F), 352 of the Bharatiya Nyaya
Sanhita.
3. It is alleged that these petitioners assaulted three
brothers-in-law and father-in-law of the informant by means of
lathi, rod. It is further alleged that the accused persons also
snatched nose ring and Mangalsutra of her sister-in-law and a
mobile phone and Rs. 25,000/- from the pocket of her brother-
in-law.
Patna High Court CR. MISC. No.84483 of 2025(4) dt.17-03-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus and there is no
allegation of any specific overt act against these petitioners.
Injuries sustained by the injured are simple in nature. Rest of the
allegations are ornamental only to make the case grave.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries and
clean antecedent, 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 8th, Bhojpur at Ara in connection with Hasan Bazar P.
S. Case No. 73 of 2025, subject to condition as laid down under
Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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