Patna High Court
Vijay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNS.
Summary
Vijay Ram sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) for alleged assault and theft during a land measurement incident. The prosecution’s informant, Bhagwan Ram, claimed that co‑accused assaulted him and his family and that Abhishek Ram stole Rs. 2,500, while a generic allegation was made against Vijay Ram for snatching an earring worth Rs. 15,000. Vijay Ram asserted his innocence and clean antecedents, and the State’s Additional Public Prosecutor did not contest his claim. The court examined whether the allegations justified denial of bail and considered the provisions of Section 482(2) of the BNS. Concluding that the accusations were not sufficient to deny bail, the court granted anticipatory bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences.
- Whether the allegations against the petitioner constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- assault
- theft
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89663 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- HASAN BAZAR District- Bhojpur
======================================================
Vijay Ram, S/o Butan Ram, R/o Village- Ujjaindihra, P.S.- Hasan Bazar,
District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Kumar Singh, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner, and the
learned APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
190, 115(2), 126(2), 109, 303(2), 351(2) of the BNS.
3. Prosecution case, in brief, is the informant,
namely, Shri Bhagwan Ram, alleged that on 15.05.2025, at
about 9.00 am during the land measurement, all the co-
accused persons came with weapons and started assaulting the
informant and family members. Co-accused Abhishek Ram
took Rs. 25,00/- from the pocket of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
Patna High Court CR. MISC. No.89663 of 2025(2) dt.15-01-2026
2/2
accusation of assault is against co-accused Uma Ram and
Abhishek Ram of assaulting and snatching money. There is
general and omnibus allegation against the petitioner of
snatching earring of worth Rs. 15,000/-. Petitioner claims
clean antecedent.
5. Learned A.P.P. for the State does not dispute the
contention made on behalf of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-VIII,
Bhojpur, Ara in connection with Hasan Bazar P. S. Case No. 46
of 2025, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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