Patna High Court
Ashok RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners, subject to the conditions of Section 438(2) CrPC and Section 482 B.N.S.
Summary
The petitioners, Ashok Ram and Dhanesh Ram, sought anticipatory bail fearing arrest in a case (PS Case No. 271/2025) involving alleged assault with lathi and danda that led to the death of a relative. The prosecution alleged that thirteen FIRs named the petitioners among other accused, charging them under multiple sections of the B.N.S., including sections 126(2), 115(2), 118(1) and others, with an additional charge under section 103(1). The petitioners contended they were falsely implicated, had no immediate family ties with the primary accused, possessed clean antecedents, and pointed out that similarly situated co‑accused had been granted anticipatory bail by the same court in a related matter (Cr. Misc. No. 81117/2025). The State opposed the bail, arguing the seriousness of the offences. The Court, after hearing both sides, allowed the anticipatory bail application, directing that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 B.N.S. in view of the charges under the B.N.S.
- Whether the petitioners’ claim of false implication and clean antecedent merit the grant of bail despite the seriousness of the alleged offences
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false implication
- assault causing death
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88432 of 2025
Arising Out of PS. Case No.-271 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
1. Ashok Ram Son of Late Kaushal Ram Village- Charauli, P.S.- Bhagwanpur
Hat, District- Siwan
2. Dhanesh Ram Son of Babulal Ram Resident Of Village - Mahna, Ps-
Bhagwanpur Hat, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kant Singh, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Bhagwanpur Hat P.S. Case No. 271 of 2025 instituted under
Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 3(5) of
the B.N.S. to which Section 103(1) of the B.N.S. was added,
subsequently.
3. As per the prosecution case, 13 FIR named accused
persons, including the petitioners and 4-5 unknown persons are
alleged to have assaulted the husband, son the informant with
lathi and danda due to which the son died.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.88432 of 2025(2) dt.15-01-2026
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case. Petitioners are not the immediate family members of the
accused side. Petitioner no. 1 is the fufa of the deceased and
petitioner no. 2 is the chacha of the deceased. Learned counsel
lastly submits that similarly situated co-accused persons have
been granted anticipatory bail by a Co-ordinate Bench of this
Court vide order dated 10.12.2025 passed in Cr. Misc. No.
81117/2025. Petitioners have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application is
allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned C.J.M.,
Siwan/ concerned Court below in connection with Bhagwanpur
Hat P.S. Case No. 271 of 2025, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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