Patna High Court
Anup Kumar Ram @ Anup KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(2), 115(2), 126(2), 190, 191(2), 191(3), 329(3), 351(2), 352
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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