Patna High Court
Adhik RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners subject to the stipulated conditions.
Summary
Adhik Ram and Sudama Ram were arrested in connection with a murder case (Suryagarha P.S. Case No. 177 of 2024) under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The FIR alleges that a co‑accused, Budhan Ram, shot an informant who later died, while the petitioners claim they were falsely implicated and face only a general allegation. They have prior criminal antecedents and earlier anticipatory bail was denied. The State opposed bail, but the court considered the charge sheet filing, period of custody, and lack of specific incriminating material against the petitioners. The court granted bail to both petitioners on a bond of Rs. 15,000 each with sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether bail can be granted to accused persons charged with murder and arms offences despite prior criminal antecedents and a filed charge sheet
- Whether the general and omnibus allegations against the petitioners justify denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- anticipatory bail
- criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86782 of 2025
Arising Out of PS. Case No.-177 Year-2024 Thana- SURYAGARHA District- Lakhisarai
======================================================
1. Adhik Ram Son of Late Ramchandra Ram Resident of Village - Nawabganj,
P.S.- Suryagarha, District - Lakhisarai
2. Sudama Ram Son of Late Balkishun Ram Resident of Village - Nawabganj,
P.S.- Suryagarha, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Bilochan, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and learned APP
for the State. Perused the case diary.
2. The petitioners seek bail in connection with
Suryagarha P.S. Case No. 177 of 2024 instituted for the offence
under Sections 302 & 34 of the Indian Penal Code and Section
27 of the Arms Act. Earlier vide order dated 02.09.2025, passed
in Cr. Misc. No. 32163 of 2025, anticipatory bail of the
petitioner was rejected by a Co-ordinate Bench of this Court.
3. As per prosecution case, the accused persons went
to the house of informant and asked about the whereabouts of
her son. When she did not disclose the whereabouts of her son,
she was shot by Budhan Ram and in course of treatment, she
Patna High Court CR. MISC. No.86782 of 2025(3) dt.20-02-2026
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was declared dead.
4. It has been submitted on behalf of the petitioners
that the petitioner No.1 is in custody since 26.09.2025, having
four criminal antecedents, whereas petitioner No.2 is in custody
since 10.10.2025, having one criminal antecedent, as per
disclosure made in paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioners’
counsel that petitioners have been falsely implicated in the
present case. From perusal of the FIR, it would transpire that
there is no specific allegation of firing attributed to the
petitioners, rather the same is attributed to co-accused, namely,
Budhan Ram. There is general and omnibus allegation levelled
against the petitioners. Charge sheet has already been submitted
in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioners and charge sheet
being submitted, this Court is inclined to grant bail to the
petitioners.
8. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteeen Thousand) each with two
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Suryagarha P.S. Case
No. 177 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioners.
(II) The petitioners shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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