Patna High Court
Ravi RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted, subject to verification of antecedent and compliance with the conditions of Section 438(2) CrPC and Section 482 BNSS.
Summary
Petitioner Ravi Ram applied for bail fearing arrest in Bagaha P.S. Case No. 221 of 2025, which alleged offences under several sections of the Bihar Negotiable Instruments Act. He asserted innocence, claimed the injury to the victim was simple, and maintained a clean criminal record. The court considered the nature of the injury and the petitioner’s antecedent, and found no compelling reason to deny bail. Accordingly, the bail application was allowed, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The court also directed verification of the petitioner’s antecedent before accepting the bail bond.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the CrPC given the simple nature of the injury and alleged offences.
- Whether the court should verify the petitioner’s criminal antecedent before granting bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure
- Section 438
- Section 482
- simple injury
- antecedent verification
- Bihar Negotiable Instruments Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90910 of 2025
Arising Out of PS. Case No.-221 Year-2025 Thana- BAGHA District- West Champaran
======================================================
Ravi Ram S/o Raju Ram R/o Village- Singari, Police Station- Bagaha,
District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kr. Singh No. 1
For the Opposite Party/s : Mr.Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Bagaha P.S. Case No. 221 of 2025 registered
for the offence under Sections 126(2), 115(2), 117(2), 109,
303(2), 352, 351(2) and 3(5) of the BNS.
3. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. The petitioner is the author of the
injury which has been found to be simple in nature. He further
submits that the petitioner has no criminal antecedent.
4. Considering the fact that the injury caused to the
victim is simple in nature, this application is allowed.
5. Let the petitioner, above named, in the event of
Patna High Court CR. MISC. No.90910 of 2025(2) dt.28-01-2026
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his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate, 1st, Bagaha, West
Champaran/concerned Court below in connection with Bagaha
P.S. Case No. 221 of 2025, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
6. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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