Ram Vinay Sharma @ Ram Binay Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1571 of 2026 Arising Out of PS. Case No.-193 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== Ram Vinay Sharma @ Ram Binay Sharma S/o Late Ragho Sharma R/o Mohalla- Bhaskar Nagar, P.S.- Muffasil, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Singh, Advocate For the State :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Aurangabad (Muffasil) P.S. Case No. 193 of 2023 registered for the offence under Sections 448, 341, 323, 337, 307, 379, 504 and 34 of the Indian Penal Code, lodged on 12.05.2023 by the informant, Abhishek Pandey.
3. As per the prosecution story, the informant alleged that after worshiping from the temple, as they were returning, allegation is that the accused persons after abuse, assaulted. While Kavita Devi gave stone chip injury on the head, Pawan Kumar took the gold chain and also the amount, when the informant's brother came to rescue, the petitioner and Sweety Kumari assaulted with wooden rod on the head. This followed the F.I.R..
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4. Learned counsel for the petitioner has taken this Court to show that the injuries by the Doctor at Sadar Hospital, Aurangabad have found the same to be simple in nature. The petitioner do not have criminal antecedent and the last submission is that without accepting the allegation or outcome of the present petition, the petitioners intend to pay Rs.5,000/- to the informant towards treatment by Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted at the time of execution of bail bond.
5. Learned APP opposes the prayer submitting that he allegation is there against the petitioner.
6. Considering the submissions of the parties as also that he has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.5,000/- to the informant as undertaken by the learned counsel for the petitioner through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted at the time of execution of the bail bond and the same shall be handed over to the informant after checking the credentials.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the
3/4 receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (Muffasil) P.S. Case No. 193 of 2023 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
8. Having passed the order, this Court has taken note of the affidavit portion wherein it is found that Mr. Ravi Ranjan who ceased to be Oath Commissioner on 17.12.2025 despite direction issued by the Patna High Court continued to sign/function as Advocate Oath Commissioner and has put a stamp on this affidavit too vide Oath No. 45301 dated 05.01.2026. How and under what circumstance the office chose to ignore the matter and certified this petition to be defect free on 07.01.2026 and/or chose not to bring this illegal practice of ex-Oath Commissioner to the notice of the appropriate Registry Authority, the same be explained by way of show cause.
9. List this case on 11.02.2026 under the heading 'To Be Mentioned' to peruse the show cause of the concerned office.
(Rajiv Roy, J) vinayak/- U T