Patna High Court
Richa DeviversusThe 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 specific conditions.
Summary
Ajit Ram was arrested in connection with a case involving alleged extortion and violent assault on an informant, charged under several sections of the B.N.S., 2023. The petitioner claimed a clean criminal record and asserted that the allegations were fabricated, seeking bail after being in custody since 10 November 2025. The prosecution opposed bail, emphasizing the seriousness of the offences. The court examined the facts, noted the petitioner’s clean antecedent, and granted bail on a bond of Rs.10,000 with two sureties, imposing conditions such as cooperation with the trial, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent and stipulated cancellation of bail for any concealment or violation of conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the B.N.S., 2023
- Whether the petitioner’s clean antecedent and claim of false implication justify bail
- Whether conditions imposed are sufficient to safeguard the trial process
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 117(2), 126(2), 3(5), 352
Subjects
- bail
- extortion
- assault
- criminal antecedent
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88237 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
Ajit Ram Son of Late Batoran Ram R/o Village - Jaynagar, Badi Kabaiya,
Ward No.- 32, P.S.- Kabaiya, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Rabi Bhushan, learned counsel for the
petitioner and Mr. Bishweshwar Ram, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
10.11.2025 in connection with Kabaiya P.S. Case No. 77 of
2025, F.I.R. dated 10.03.2025 for the offences punishable under
Sections 126(2), 115(2), 109(1), 117(2), 352, 3(5) of the B.N.S.,
2023.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have demanded extortion and
assaulted the informant. Petitioner assaulted the informant by
means of iron rod upon his head due to which his head was
injured. They also assaulted him on his face by means of danda
due to which his right jaw got fractured.
Patna High Court CR. MISC. No.88237 of 2025(2) dt.15-01-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged is false
and fabricated and the petitioner has never demanded any
extortion from the informant, although the allegation in the
F.I.R. against the petitioner is that he had assaulted the
informant by means of iron rod and the informant has received
the injury. He further submits that due to some petty dispute, the
present occurrence took place and there was no intention to kill
the informant. The petitioner is in custody since 10.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent, let the petitioner, 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 Chief Judicial Magistrate, Lakhisarai
in connection with Kabaiya P.S. Case No. 77 of 2025, with the
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
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on her absence on two consecutive dates without sufficient
reason, his/her 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)
Ranjeet/-
U T
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