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Patna High Court

Shivjee Ram @ Shivajee RamversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                         3/3




                       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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