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Patna High Court

Ramanand Ojha @ Mukesh Ojha @ Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

Ramanand Ojha applied for anticipatory bail in a case (PS‑138/2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, including assault, theft, and destruction of property. The prosecution alleged that on 10 August 2025 the petitioner, with co‑accused and a large mob, forcibly constructed a road, assaulted an informant, snatched his gold chain, destroyed the informant’s hut and looted wheat and a water pump. The petitioner contended he was innocent, arguing that the charge of assault was vague and no specific overt act was attributed to him. The State opposed bail, highlighting the petitioner’s eleven prior criminal convictions. Weighing the seriousness of the allegations and the petitioner’s criminal antecedents, the Court refused the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the allegations under the Bharatiya Nyaya Sanhita and his prior criminal record

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • Bharatiya Nyaya Sanhita
  • assault
  • theft
  • property destruction
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8558 of 2026
                      Arising Out of PS. Case No.-138 Year-2025 Thana- PIYAR District- Muzaffarpur
                 ======================================================
                 Ramanand Ojha @ Mukesh Ojha @ Mukesh Kumar S/o- Late Satan Ojha @
                 Satya Narain Ojha Village- Bagahi PS- Piyar, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mritunjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Piyar P. S. Case No.

                   138 of 2025 registered for the offences punishable under

                   Sections 191(2), 190, 115(2), 126(2), 303(2), 119(1), 308(1),

                   308(3), 324(4) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, on 10.08.2025 at about 11

                   AM, this petitioner along with other F.I.R. named accused and

                   some unknown persons were forcibly constructing road on the

                   land of informant. Upon protest, the accused persons assaulted

                   him and snatched his gold chain. It is further alleged that on the

                   same day, at about 4:30 PM, this petitioner along with co-

                   accused Brajesh Kumar and a mob of 200 people came and

                   destroyed the hut of informant and looted away 5 quintals wheat

                   and water pump.
              Patna High Court CR. MISC. No.8558 of 2026(2) dt.23-02-2026
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                                     4. Learned counsel for the petitioner submits that

                        petitioner is innocent and has committed no offence. Allegation

                        of assault is general and omnibus and there is no allegation of

                        any specific overt act against the petitioner.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that petitioner has got eleven

                        criminal antecedents.

                                     6. Considering the nature of accusation and criminal

                        antecedents, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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