Patna High Court
Kamlesh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court granted bail to the petitioner subject to surrender within eight weeks and compliance with the stipulated bond and surety conditions.
Summary
Kamlesh Ram petitioned the Patna High Court seeking bail in a criminal case (PS Gurua Case No. 393 of 2024) where he is alleged to have been the order‑giver in an assault that resulted in the death of an informant's brother. The FIR charges him under multiple sections of the Bhartiya Nyaya Sanhita, 2023, but the petitioner contends there is no allegation of any overt act on his part and he has a clean antecedent. The State opposed the bail application. The Court examined the nature of the allegations, the absence of direct participation, and the petitioner’s clean record. It ordered that bail be granted if the petitioner surrenders within eight weeks, upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner who is alleged to be only the order‑giver in the alleged assault and homicide.
- Whether the conditions imposed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, are appropriate for the bail order.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 117(2), 118(1), 127(1), 190, 191(2), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- order‑giver
- assault
- homicide
- clean antecedent
- high court
- inherent powers
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87668 of 2025
Arising Out of PS. Case No.-393 Year-2024 Thana- GURUA District- Gaya
======================================================
Kamlesh Ram S/O Munshi Ram R/O Village - Nadiyawan, P.S- Gurua,Dist-
Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 103 , 191 ( 2 ), 190,
127 (1) , 115 ( 2 ), 109, 118 (1) , 117 ( 2 ), 74, 352 and 351 ( 2 )
of the Bhartiya Nyaya Sanhita, 2023.
3. It is alleged that all the named accused persons,
including petitioner, assaulted informant and other family
members by means of iron rod & lathi, on account of which,
brother of informant died.
4. Learned counsel for the petitioner submits that as
per F.I.R., petitioner is only alleged to be order-giver. There is
absolutely no allegation of overt act against this petitioner.
Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.87668 of 2025(2) dt.10-02-2026
2/2
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
J.M. 1st Class, Shergati District- Gaya in connection with
Gurua P.S. Case No. 393 of 2024, subject to condition as laid
down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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