Patna High Court
Ramesh Kumar @ Ramesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner under Section 438(2) of the CrPC, subject to stipulated conditions.
Summary
The petitioner, Ramesh Kumar Yadav, sought bail in a criminal case (Sakatpur PS Case No.102/2024) where the FIR alleged offences under several sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleged that the accused, including the petitioner, assaulted and fired upon an informant, while the petitioner contended that the FIR contains no specific allegation of assault or firing against him, attributing the firing solely to co‑accused Vivek Yadav and claiming political victimisation. The Additional Public Prosecutor opposed bail, citing the petitioner’s prior criminal antecedent, though the petitioner was already on bail in another matter. The Court examined the lack of a specific charge against the petitioner in the FIR and, applying Section 438(2) of the Code of Criminal Procedure, decided to grant bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed that verification of the petitioner’s criminal antecedent should not delay the release. The decision reflects the principle that bail may be granted when the charge sheet does not specifically implicate the accused in the alleged acts.
Issues considered
- Whether bail should be granted when the FIR does not specifically allege the petitioner’s participation in assault or firing.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
- Whether political victimisation can be a factor in granting bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115, 126(2), 190, 191(2), 191(3), 27, 352
Subjects
- bail
- Section 438 CrPC
- political victimisation
- FIR
- Arms Act
- Bihar Narcotic Substances Act
- criminal antecedent
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86655 of 2025
Arising Out of PS. Case No.-102 Year-2024 Thana- SAKATPUR District- Darbhanga
======================================================
Ramesh Kumar @ Ramesh Yadav son of Rambalak Yadav Resident of
Village- Bahuarwa Police Station- Sakatpur District -Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Nilendu Kumar Choudhary, learned
counsel for the petitioner and Mr. Mohammed Arif, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sakatpur P.S. Case No. 102 of 2024, F.I.R.
dated 13.10.2024 for the offences punishable under Sections
191(2), 191(3), 190, 126(2), 115, 352, 109 and 27 of the BNS,
2023 and Section 27 of the Arms Act.
3. According to prosecution case, all the accused
persons including this petitioner assaulted and fired upon the
informant and fled away.
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4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Although the petitioner is named in the F.I.R but
it appears from the F.I.R that there is no specific allegation of
assault, overt act or firing against the petitioner rather the
specific allegation of firing is against the co-accused, namely,
Vivek Yadav who has fired upon the informant and fled away
from the place of occurrence. The petitioner has been made
accused in the present case due to some village politics.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner along with other accused persons
with common intention fired upon the informant and apart
from that the petitioner carries one criminal antecedent other
than the present one but fairly submits that the petitioner is on
bail in the pending matter.
6. Considering the aforesaid facts and circumstances
that there is no specific allegation of assault, overt act or
firing attributed against the petitioner and the specific
allegation of firing is attributed against the co-accused Vivek
Yadav, let the petitioner, above named, in the event of his
arrest or surrender before the court below within a period of
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thirty days from the date of receipt of the order, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned J.M. 1st Class, Darbhanga in connection with
Sakatpur P.S. Case No. 102 of 2024, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the
court and shall remain physically present as directed by the
court and on his absence on two consecutive dates without
sufficient reason, his bail bond shall be cancelled by the
Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
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order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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