Patna High Court
Ramroop @ Rohan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Ramroop @ Rohan Kumar, sought anticipatory bail fearing arrest in a case alleging destruction of a boundary wall, assault, and firing a rifle at an informant over a land dispute. The prosecution alleged that the petitioner, along with others, attacked the informant and discharged a firearm, invoking multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act. The petitioner contended he was falsely implicated due to village politics, was not present at the scene, and had no incriminating material or prior record. The State opposed the bail, emphasizing the seriousness of the offences. Considering the facts and submissions, the court granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nagarik Suraksha Sanhita and the Arms Act
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 190, 191(2), 191(3), 324(4), 351(2), 351(3), 352, 482(2), 61(2)
Subjects
- anticipatory bail
- criminal procedure
- land dispute
- assault
- firearms
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- false implication
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85297 of 2025
Arising Out of PS. Case No.-93 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Ramroop @ Rohan Kumar S/o Satyendra Kumar R/o Village- Daroga Bigha,
P.S.- Deepnagar, District- Nalanda, Bihar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Vardhan, Advocate.
Mr. Chetan Anand, Advocate.
For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 07-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Deepnagar P.S. Case No.93 of 2025 instituted under
Sections 191(2), 191(3), 190, 115(2), 324(4), 61(2), 352, 351(2),
351(3) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, as soon as informant
came to know that some antisocial elements are trying to
capture his land situated in Mauza Kalyanpur, he reached there
and saw that petitioner alongwith other unknown persons were
destroying the boundary wall of his land and when the
informant stopped to do so, the petitioner and others started
assaulting him. It is further alleged that the petitioner taken rifle
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from his vehicle and opened fire on the informant and threaten
to left the place.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case due to village politics. He further submits that the
petitioner has no concern with the land in question and
petitioner was neither present on the spot nor any incriminating
material has been recovered from his conscious possession.
Learned counsel submits that allegation of firing is super
addition and ornamental. No injury has been caused to the
person of informant. He further submits that petitioner has got
clean antecedent and he undertakes to cooperate in the
investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned A.C.J.M.-I, Bihar Sharif (Nalanda) in connection with
Patna High Court CR. MISC. No.85297 of 2025(2) dt.07-01-2026
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Deepnagar P.S. Case No.93 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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