Patna High Court
Anil Kumar RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail, directing release on bail with conditions if the petitioner is arrested or surrenders within six weeks.
Summary
Anil Kumar Ram was implicated in a case (Suryapura PS Case No. 128 of 2025) alleging assault, property damage and other offences under several sections of the Bharatiya Nyaya Sanhita. The informant claimed the accused broke his gate, abused him and later assaulted him, including alleged air‑firing. The petitioner sought anticipatory bail, asserting innocence and lack of any overt act against him. The State and the informant opposed the bail. Considering the facts and the petitioner's claim of no overt act, the court ordered that, if arrested or surrendered within six weeks, the petitioner be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482 BNSS and Section 438(2) CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure, 1973 in view of the allegations under the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s alleged involvement warrants denial of bail under Section 482 of the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 126(2), 303(2), 308(2), 333, 3(5), 351(2), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- criminal law
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88012 of 2025
Arising Out of PS. Case No.-128 Year-2025 Thana- SURYAPURA District- Rohtas
======================================================
Anil Kumar Ram S/O Baban Ram @ Baban Paswan Resident of Village-
Monhar, Police Station- Suryapura, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh, Advocate
For the State : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in connection
with Suryapura P.S. Case No. 128 of 2025 instituted under
Sections 126(2), 115(2), 118(1), 333, 303(2), 308(2), 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant has
alleged that the accused persons including the petitioner had
come to the house of the informant and without any rhyme or
reason, broke the gate of his house and started abusing him.
When the informant came out, all the accused persons badly
assaulted and alleged air firing was done.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.88012 of 2025(2) dt.15-01-2026
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case. There is no overt act against the petitioner.
5. Learned A.P.P. for the State and learned counsel
for the informant have vehemently opposed the prayer for
anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate, Bikramganj,
Rohtas/ concerned Court in connection with Suryapura P.S.
Case No. 128 of 2025, subject to the conditions laid down in
Section 482 of the BNSS/ 438(2) of the Code of Criminal
Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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