Patna High Court
Ram Pravesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Ram Pravesh Kumar and Pradeep Kumar, sought anticipatory bail in connection with a FIR (Warisaliganj PS Case No. 450/2025) that alleged their involvement in a land‑related extortion and assault incident. They argued that the FIR contained only vague, omnibus allegations, that there was an unjustified two‑day delay in filing, and that they had no prior criminal record. The State opposed bail, contending that the petitioners were named accused and could not evade the charges. The Court examined the lack of specific incriminating material against the petitioners, their clean antecedents, and the material on record, and concluded that bail could be granted provided they surrender within six weeks and comply with conditions under Section 482(2). Accordingly, anticipatory bail was ordered with a bail bond of Rs.10,000 and two sureties, subject to cancellation if they fail to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners named in the FIR for offences under multiple sections of the B.N.S.
- Whether the delay in lodging the FIR and the general nature of the allegations justify denial of bail
- Whether the petitioners have a specific role in the alleged assault and extortion offences
- Whether conditions under Section 482(2) of the B.N.S.S. can be imposed on the anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- FIR
- land dispute
- extortion
- assault
- clean antecedent
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9538 of 2026
Arising Out of PS. Case No.-450 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
1. Ram Pravesh Kumar S/o Late Lakhan Das R/o Village- Gambhirpur, PS-
Warisaliganj, Distt.- Nawada
2. Pradeep Kumar @ Paro Das S/o Late Bindeshwar Das @ late Sideshwar Das
R/o Village- Gambhirpur, PS- Warisaliganj, Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Warisaliganj P.S. Case No. 450/2025 registered
for the offences punishable under Sections 191(3), 190, 126(2),
329(3), 308(3), 351(2), 110, 115(2), 303(2), 352 and 127(2) of
the B.N.S.
3. As per prosecution case, the informant had gone
to attend the Shraddh ceremony of the father of co-villager
Rajesh Kumar Ravi. In the meantime, when the petitioners and
others variously armed with weapons told the informant near the
house of co-accused Rajesh Kumar Ravi that the informant and
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others had got the land registered from their father in the name
of informant’s Gotani Sunita Devi in December, 2024 and in
lieu of that they demanded Rs. 5 lac as extortion (Rangadari).
On protest, co-accused Rajesh Kumar Ravi and Anand Kumar
entered into the house of the informant’s Gotani and assaulted
the son of Gotani Suraj Kumar by means of khanti on his head
and co-accused Mimoh @ Mikki Kumar also assaulted him by
means of iron rod. It is further alleged that Mitharth @ Rikki
assaulted Suraj Kumar by means of butt of pistol, co-accused
Rajesh Kumar Ravi and Baleshwar Kumar Ravi assaulted
Laxmi Devi who was pregnant. It is further alleged that co-
accused Rajesh Kumar Ravi and Sinki Kumari snatched gold
ear-ring from Laxmi Devi and the accused persons assaulted
her with lathi, danda.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as
alleged in the FIR. Petitioners bear no criminal antecedent.
There is no specific allegation against the petitioners, rather,
allegations are general and omnibus in nature. He further
submits that allegation of assault to Suraj Kumar is against co-
accused Rajesh Kumar Ravi, Anand Kumar and Mimoh @
Mikki Kumar. The petitioners are merely members of mob. He
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further submits that petitioner no. 1 is said to have collided with
co-accused Rajesh Kumar Ravi as a result of which petitioner
no. 1 fell down on PCC road and sustained minor injury on
head. He further submits that there is an inordinate delay of two
days in lodging the FIR. The alleged occurrence took place on
28.08.2025 and the FIR was lodged on 30.08.2025. No plausible
explanation has been given regarding the said delay, which
questions the authenticity of the FIR. He further submits that
there is case and counter case between both the parties and
petitioners’ side have lodged Warisaliganj P.S. Case No.
444/2025 and the present case is nothing but the counter blast of
earlier case filed by the petitioners’ side. He further submits that
there is land dispute between the parties and in the cases of land
dispute facts are generally exaggerated to make the case graver.
He orally submits that the petitioners will not abscond rather
will cooperate in the investigation to prove their innocence. In
the light of the aforesaid submission, no case is made out
against the petitioners under the aforesaid sections.
5. The learned A.P.P. for the State opposed the
prayer for anticipatory bail of the petitioners and submitted that
the petitioners are FIR named accused persons and they cannot
escape from the allegation made in the FIR.
6. Considering the facts and circumstances of the
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case, there is no specific role of assault attributed against the
petitioners, keeping in view clean antecedent of petitioners,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioners
above-named, in the event of their arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-IV, Nawada in connection with Warisaliganj
P.S. Case No. 450/2025, subject to the conditions as laid down
under Section 482 (2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that if the Investigating
Officer of the case files an application before the learned trial
court bringing to its notice that the petitioners despite giving
assurance to this Court are not co-operating in the investigation,
in that event, the learned trial court shall be at liberty to cancel
the bail bonds of the petitioners.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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