Patna High Court

Ramdev RamversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

Ramdev Ram, a resident of Parikonch village, sought anticipatory bail fearing arrest in a case (PS No.122 of 2025) alleging offences under Sections 316(5) and 318(4) of the B.N.S. and Section 7 of the E.C. Act. The prosecution alleged that 124 quintals of paddy were received by a dealer linked to an attached beneficiary and that an E‑POS machine was returned. The petitioner claimed innocence, asserted a four‑day delay in lodging the FIR, and highlighted his clean antecedent. The State opposed the bail application. Considering the petitioner’s clean record and the delay, the Court inclined to grant anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and subject to verification of his statement under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences under the B.N.S. and E.C. Act.
Whether the four‑day delay in filing the FIR and the petitioner’s clean antecedent justify the grant of anticipatory bail.
Whether the nature of the offences under Sections 316(5) & 318(4) of the B.N.S. and Section 7 of the E.C. Act warrant denial of bail.

Legislation cited

B.N.S. — s. 316(5), 318(4)
B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
E.C. Act — s. 7

Subjects

anticipatory bail
Section 438 CrPC
B.N.S. offences
E.C. Act
clean antecedent
delay in FIR
bail bond
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91083 of 2025
                      Arising Out of PS. Case No.-122 Year-2025 Thana- MARAUNA District- Supaul
                 ======================================================
                 Ramdev Ram Son of Late Prem Ram R/o Village - Parikonch, Ward No. 09,
                 P.S. - Marauna, District - Supaul, Bihar.
                                                                      ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     Shri Sujit Kumar Son of Gyaneshwar Singh At present posted as Block
                  Supply Officer, Marauna, P.S. - Marauna, Dist. - Supaul, Bihar.
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kuldeep Kumar
                 For the Opposite Party/s :       Mr. Parmeshwar Mehta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   26-02-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehend his arrest in connection

                   with Marauna P.S. Case No. 122 of 2025, for offences under

                   Sections 316(5) & 318(4) of the B.N.S. and section 7 of E.C.

                   Act.

                                3. The prosecution case in brief is that 124 quintals of

                   paddy has been received by the dealer with whom a beneficiary

                   has been attached. He also submits that E-POS Machine has

                   also been returned.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. There is delay in four days in lodging the F.I.R.

                   Petitioner has clean antecedent.

                                5. Learned APP for the State has vehemently opposed
            Patna High Court CR. MISC. No.91083 of 2025(3) dt.26-02-2026
                                                        2/2




                      the prayer for bail.

                                    6. Considering the above facts and circumstances of

                      the case and the fact that petitioner has clean antecedent, this

                      Court is inclined to grant privilege of anticipatory bail to the

                      petitioner.

                                    7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Supaul/concerned Court below, in connection with

                      Marauna P.S. Case No. 122 of 2025, subject to the conditions as

                      laid down under Section 438(2) of the Code of Criminal

                      Procedure, 1973/ Section 482(2) of the B.N.S.S.

                                    8. At the time of filing of bail bond, the aforesaid

                      statement of the petitioner shall be verified by the court below

                      from the informant. If it is found that the aforesaid statement are

                      true, then bail bonds shall be accepted otherwise appropriate

                      order shall be passed.


                                                         (Sandeep Kumar, J)

Ranjeet/-
U       T

Continue reading with your account

Checking your session…