Patna High Court
Shivjee Ram @ Shivajee RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that, given the petitioners’ clean antecedent, the simple nature of the injury and the lack of specific charges against them, they are entitled to bail subject to conditions.
Summary
Shivjee Ram and Raju Ram applied for pre‑arrest bail in connection with a land‑dispute case (Hasan Bazar P.S. Case No. 46 of 2025) where they were alleged to have been part of an unlawful assembly that assaulted an informant and his family. The petitioners argued that the only specific assault charge was against co‑accused Uma Ram and that they had a clean antecedent and the injury to the informant’s wife was simple. The State opposed bail, contending that the petitioners actively participated in the assault. The court considered the omnibus nature of the accusation, the petitioners’ fair antecedent, and the simple nature of the injury, and ordered that they be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order required surrender within four weeks and that one bailor be a close family member.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the omnibus nature of the accusations against them.
- Whether the alleged participation in an unlawful assembly and assault justifies denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2)
Subjects
- pre‑arrest bail
- unlawful assembly
- land dispute
- assault
- Bharatiya Nyaya Sanhita
- simple injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91209 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- HASAN BAZAR District- Bhojpur
======================================================
1. Shivjee Ram @ Shivajee Ram S/O Butan Ram R/O Village - Ujjaindihra,
P.S. - Hasan Bazar, District- Bhojpur
2. Raju Ram S/O Butan Ram R/O Village - Ujjaindihra, P.S - Hasan Bazar,
District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Kumar Singh, Adv.
For the Opposite Party/s : Mr. Brajendra Nath Pandey, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. The petitioners are apprehending their arrest in
connection with Hasan Bazar P.S. Case No. 46 of 2025,
registered for the offences punishable under Sections 191(2),
190, 115(2), 126(2), 109, 303(2) and 351(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. In the morning of the fateful day while the
informant was engaged in measurement of his land, in the
meanwhile, all the FIR named accused persons including the
petitioners armed with lathi, danda and illegal weapons
Patna High Court CR. MISC. No.91209 of 2025(2) dt.15-01-2026
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surrounded them and brutally assaulted. It is specifically alleged
that co-accused Uma Ram has assaulted the wife of the
informant over her head. The accused persons also snatched the
valuables and assaulted the informant and other family
members.
4. Learned Advocate appearing on behalf of the
petitioners submitted that the genesis of the occurrence is
nothing but a land dispute, resulting into institution of the case
and counter case being Hasan Bazar P.S. Case No. 48 of 2025
instituted against the informant and others. So far the specific
accusation of causing assault is concerned, the same is levelled
against co-accused Uma Ram, who is not before this Court. The
petitioners are at best said to be members of the unlawful
assembly, who were present at the place of occurrence, however
without there being any specific accusation. The petitioners bear
fair antecedent and undertake that they will fully cooperate in
the proceeding of the Court. It is lastly contended that be that as
it may, the injury which is sustained to the wife of the informant
is also found to be simple in nature.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that the petitioners have also actively participated in the crime
Patna High Court CR. MISC. No.91209 of 2025(2) dt.15-01-2026
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and assaulted the informant and his family members.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the omnibus nature of accusation against the petitioners,
coupled with the factum of case and counter case, besides the
fair antecedent as well as simple nature of injury, let the
petitioners above named be released on bail, in the event of their
arrest or surrender before the court below within a period of four
weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned A.C.J.M. VIII Bhojpur, Ara in connection with
Hasan Bazar P.S. Case No. 46 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 with the further condition that one of the bailors
shall be the own/close family members of the petitioners.
(Harish Kumar, J)
supratim/-
U T
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