Patna High Court
Shubham RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
Shubham Ram was arrested on 11 June 2025 in connection with FIR dated 10 June 2025 alleging a violent attack on an informant's hotel, assault, looting and extortion, with charges under multiple sections of the Bihar Non‑Applicable Statutes, 2023 and Section 27 of the Arms Act. The prosecution alleged that the accused, including the petitioner, participated in the assault and stole cash, while the petitioner contended he had a clean antecedent and was falsely implicated, asserting no specific allegation of assault against him. The petitioner sought bail, arguing the FIR was fabricated and that the real dispute was between the hotel owner and villagers. The Additional Public Prosecutor opposed bail. The court noted the petitioner's clean antecedent, the lack of a specific allegation against him, and the existence of a related case, and consequently granted bail on a bond of Rs 10,000 with two sureties and several conditions. The bail order required the petitioner’s cooperation with the trial, presence in court, and prohibited tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the circumstances of his arrest
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- criminal procedure
- arms act
- extortion
- assault
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90815 of 2025
Arising Out of PS. Case No.-183 Year-2025 Thana- DAWATH District- Rohtas
======================================================
Shubham Ram Son of Late Dashai Ram R/o Village - Chatra, Police Station -
Dawath, District - Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Anil Kumar Singh, learned counsel for
the petitioner and Mr. Ashok Kumar Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.06.2025 in connection with Dawath P.S. Case No. 183 of
2025, F.I.R. dated 10.06.2025 for the offences punishable under
Sections 191(2), 191(3), 190, 1115(2), 126(2), 127(2), 109,
308(3), 74, 303(2), 324(4), 351(2) and 352 of the BNS, 2023
and Section 27 of the Arms Act.
3. According to prosecution case, all the accused
persons including this petitioner attacked on the informant's
hotel and damaged the same. It is further alleged that they
assaulted the informant and his wife and son and looted cash
from the counter and also gave threatening of dire consequences
if they fail to pay Rangdari of Rs. 50,000/- .
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.90815 of 2025(2) dt.13-01-2026
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implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. From perusal of the F.I.R it
appears that altogether 14 named and 25-30 unknown persons
have attacked on the hotel of the informant and also damaged
the hotel and vehicles of the informant. He further submits that
in fact, the real story is otherwise. The owner of the hotel in
question has assaulted the villagers and in turn the villagers
have attacked on the hotel. As far as the allegation against the
petitioner is concerned, there is no specific allegation of assault
against him rather the only allegation against him is that he
along with Bittu Kumar took Rs. 60-70 thousand from the
counter of the hotel. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 11.06.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, there is no specific
allegation against the petitioner and in the background of
another case lodged by the police i.e, Dawath P.S. Case No. 184
of 2025, let the petitioner, above named, be released on bail on
Patna High Court CR. MISC. No.90815 of 2025(2) dt.13-01-2026
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furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
S.D.J.M, Bikramganj, Rohtas in connection with Dawath P.S.
Case No. 183 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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