Patna High Court
Ramanand Ojha @ Mukesh Ojha @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 115, 119, 126, 190, 191, 303, 308, 324
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
2/2
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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