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Patna High Court

Balram KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied as the petitioner did not merit the privilege in view of the nature and gravity of the offences and his criminal antecedent.

Summary

The petitioner, Balram Kumar, sought anticipatory bail in connection with a 2022 FIR alleging offences under Sections 147, 148, 149, 341, 307, 354, 504 and 506 of the Indian Penal Code, involving a violent assault on an informant. The FIR described the accused entering the informant’s house armed and assaulting her with an iron rod and a lathi. The petitioner also faces five other criminal cases, indicating a substantial criminal antecedent. The Patna High Court examined the gravity of the alleged offences and the petitioner’s prior record, concluding that he does not merit the privilege of anticipatory bail. Consequently, the court rejected the anticipatory bail application, ordered the petitioner to surrender within two weeks, and directed the Superintendent of Police to proceed with his arrest if he fails to do so.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Criminal Procedure Code given the seriousness of the offences and his criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • violent assault
  • criminal antecedent
  • bail denial
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88732 of 2025
                         Arising Out of PS. Case No.-711 Year-2022 Thana- JAMUI District- Jamui
                 ======================================================
                 Balram Kumar Son of Ganesh Rawat Village- Lagma, Police Station- Jamui,
                 District -Jamui

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pankaj Kumar Sinha
                 For the Opposite Party/s :        Mr. Nagendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehend arrest in connection with

                   Jamui P.S. Case No. 711 of 2022 registered for offences under

                   Sections 147, 148, 149, 341, 307, 354, 504 and 506 of the

                   Indian Penal Code.

                                3. As per the FIR, on 21.12.2022 at about 6 PM, when

                   the informant was at her house, suddenly the accused persons

                   named in the FIR including the petitioner armed variously

                   entered the house and started to assault the informant. It is

                   alleged that co-accused Tiger and Balram were having an iron

                   rod in their hands but in the meantime, co-accused Ramji Rawat

                   assaulted the informant with lathi on her head.

                                4. The petitioner is accused in five more cases.
            Patna High Court CR. MISC. No.88732 of 2025(2) dt.15-01-2026
                                                        2/2




                                   5. Considering the nature, gravity of offence and the

                      criminal antecedent of the petitioner, this court is of the

                      considered opinion that petitioner does not deserve the privilege

                      of anticipatory bail in the present case.

                                   6. Accordingly, the application for anticipatory bail

                      stands rejected.

                                   7. The petitioner is directed to surrender in the court

                      below within a period of two weeks from today and seek regular

                      bail, if so advised, failing which the Superintendent of Police,

                      Jamui will take all steps for the arrest of the petitioner.

                                   8. Let a copy of this order be communicated to the

                      Superintendent of Police, Jamui through FAX for its compliance

                      forthwith.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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