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Patna High Court

Anup Kumar Ram @ Anup KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted as the case involved serious offences and was not fit for such relief.

Summary

The petitioner, Anup Kumar Ram, applied for anticipatory bail fearing arrest in a criminal case (PS Ramnagar Case No. 22 of 2025) involving offences under Sections 191(2), 191(3), 190, 329(3), 126(2), 115(2), 103(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner assaulted the son of an informant, causing injuries that led to the victim's death. The High Court examined the gravity of the offences and the likelihood of the petitioner fleeing or tampering with evidence. Considering the serious nature of the charges, the Court held that the case was not suitable for anticipatory bail. Consequently, the application for anticipatory bail was rejected and the petitioner was directed to surrender within four weeks and seek regular bail, with a warning that the order is limited to this application alone.

Issues considered

  • Whether anticipatory bail should be granted in a case involving serious offences under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • bail
  • assault causing death
  • Bharatiya Nyaya Sanhita
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90779 of 2025
                 Arising Out of PS. Case No.-22 Year-2025 Thana- RAMNAGAR District- West Champaran
                 ======================================================
                 Anup Kumar Ram @ Anup Kumar S/o- Mangani Ram R/v- Parsoi Ps-
                 Bhairoganj Dist- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Milind Kumar Mishra
                 For the Opposite Party/s :     Mr. Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Ramnagar P.S. Case No. 22 of 2025 registered for offences

                   under Sections 191(2), 191(3), 190, 329(3), 126(2), 115(2),

                   103(2), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is the

                   assailant of the deceased. The allegation against the petitioner is

                   that he has assaulted the son of the informant causing injuries to

                   him due to which he died during the course of treatment.

                                4. Considering the nature and gravity of offence, this

                   is not a fit case for the grant of anticipatory bail in the present

                   case.

                                5. Accordingly, the application for anticipatory bail
            Patna High Court CR. MISC. No.90779 of 2025(2) dt.28-01-2026
                                                        2/2




                      stands rejected.

                                   6. The petitioner is directed to surrender in the court

                      below within a period of four weeks from today and seek

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

                      Police, West Champaran, Bettiah will take all steps for the arrest

                      of the petitioner.

                                   7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.

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

                      Superintendent of Police, West Champaran, Bettiah through

                      FAX for its compliance forthwith.



                                                     (Sandeep Kumar, J)
Shishir/-

U       T


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