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Patna High Court

Ashok RamversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                          2/2




                        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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