Patna High Court

Ramashankar RamversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted anticipatory bail to the petitioners, subject to a bail bond and sureties, under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Ramashankar Ram and Shailendra Ram, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S., alleging they had assaulted the informant's son, resulting in his death. They contended they were innocent, only having caught hold of the deceased and not having participated in the assault, and highlighted their clean antecedents. The State opposed the bail, arguing the seriousness of the charges. The Court examined the general and omnibus nature of the accusations, noted that the petitioners were not the primary assailants, and considered their clean record. Consequently, the Court allowed the prayer for anticipatory bail, directing that they be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. The order applies if they are arrested or surrender within eight weeks of the judgment.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the charges under Sections 329(3), 329(4), 126(2), 127(2), 115(2), 109, 352, 351(2), 3(5) and 103(1) of the B.N.S.

Legislation cited

B.N.S. — s. 103(1), 109, 115(2), 126(2), 127(2), 329(3), 329(4), 3(5), 351(2), 352
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 482
Criminal law
B.N.S. sections
high court
Bihar
clean antecedents
false case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89799 of 2025
                    Arising Out of PS. Case No.-106 Year-2025 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
           1.     Ramashankar Ram S/o- Late Sitam Ram Village - Bucheya Mathiya Ps-
                  Sidhwaliya Dist- Gopalganj
           2.    Shailendra Ram S/o- Varma Ram Village - Bucheya Mathiya Ps- Sidhwaliya
                 Dist- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Yogendra Tiwari, Advocate
                 For the State           :        Mr. Narendra Kumar Singh, APP
                 For the Informant       :        Mr. Vikash Kumar Shukla, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 329(3),

                   329(4), 126(2), 127(2), 115(2), 109, 352, 351(2) and 3(5) of the

                   B.N.S. and later on, Section 103(1) of the B.N.S. was added.

                                3. As per F.I.R., all the F.I.R. named accused persons,

                   including these petitioners, assaulted the son of informant with

                   stones and bricks as a result of which, during course of

                   treatment, he died.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.89799 of 2025(2) dt.10-02-2026
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          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Both parties are co-villagers and

          due to petty dispute, this false and concocted case has been

          lodged. From bare perusal of the F.I.R. it is apparent that

          petitioners are only alleged to have caught hold of the deceased

          and they are not alleged to have attacked or assaulted the

          deceased. Petitioners claim clean antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, fact that

          petitioners are not assailant of the deceased and clean

          antecedents of the petitioners, the prayer for grant of

          anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged 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 learned Additional Chief

          Judicial Magistrate-V, Gopalganj in connection with Sidhwaliya

          P.S. Case No. 106 of 2025, subject to condition as laid down
             Patna High Court CR. MISC. No.89799 of 2025(2) dt.10-02-2026
                                                         3/3




                       under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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