Patna High Court
Ramesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
Ramesh Singh was arrested on 27 September 2025 in connection with a case alleging that he assaulted the informant's father with a wooden leg, causing grievous but non‑vital injury. He faced charges under Sections 125(2), 126(2), 109, 352 and 351(2) of the Bharatiya Nyay Sanhita, 2023. The petitioner claimed innocence, arguing that the injury was not to a vital part of the body and that he had been falsely implicated, while the prosecution highlighted a specific allegation of assault and two prior criminal antecedents. The State opposed bail, but the court considered the nature of the offence, the lack of vital injury, and the petitioner’s claim of being on bail in other matters. The court granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyay Sanhita.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the injury inflicted, being non‑vital, affects the bail decision.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 125(2), 126(2), 351(2), 352
Subjects
- bail
- assault
- criminal antecedent
- Bharatiya Nyay Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87031 of 2025
Arising Out of PS. Case No.-189 Year-2025 Thana- CHARPOKHARI District- Bhojpur
======================================================
Ramesh Singh Son of Bijesh Singh R/o Vill. - Madarraha, P.S. - Charpokhari,
Dist.- Bhojpur(Ara).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar, Advocate
For the State : Mr. Uday Chand Prasad, APP
For the Informant : Ms. Malti Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Rahul Kumar, learned counsel for the
petitioner, Mr. Uday Chand Prasad, learned Additional Public
Prosecutor for the State as well as Ms. Malti Kumari, learned
counsel for the Informant.
2. Petitioner seeks bail who is in custody since
27.09.2025 in connection with Charpokhari P.S. Case No. 189
of 2025, F.I.R. dated 07.09.2025 for the offences punishable
under Sections 125(2), 126(2), 109, 352 and 351(2) of the
Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that on 02.09.2025, the petitioner attacked his father by
means of wooden leg with intention to kill him due to which his
father received injury.
Patna High Court CR. MISC. No.87031 of 2025(2) dt.15-01-2026
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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 there is specific allegation against the
petitioner that he has assaulted informant’s father and the injury
inflicted upon him is grievous in nature but the same is not on
vital part of the body. He further submits that the police after
investigation submitted the charge sheet and the petitioner is in
custody since 27.09.2025.
5. The learned Additional Public Prosecutor and
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner and submits that there is direct
and specific allegation of assault against the petitioner and apart
from that the petitioner carries two criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matters.
6. Considering the aforesaid facts and circumstances,
above named, 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., Bhojpur (Ara) in
connection with Charpokhari P.S. Case No. 189 of 2025, subject
to the following conditions:-
Patna High Court CR. MISC. No.87031 of 2025(2) dt.15-01-2026
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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 order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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