Prasad Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26432 of 2026 Arising Out of PS. Case No.-341 Year-2025 Thana- GOPALPUR District- Gopalganj ====================================================== Prasad Ram son of Late Ramjas Ram Resident of Village -Madachak PSGopalpur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-04-2026 Heard Mr. Pankaj Kumar Dubey, learned counsel for the petitioner as well as Mr. Anil Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 26.12.2025 in connection with Gopalpur P.S. Case No. 341/2025, F.I.R. dated 24.12.2025 for the offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 109, 351(2), 352 read with Section 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, It is alleged that when the informant and his brother went to discuss about the land measurement with the petitioner's side, the accused persons assaulted the brother of the informant and his family members.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.26432 of 2026(2) dt.22-04-2026 2/3 implicated in the present case. The allegation levelled against the petitioner as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. There is case and counter case between the parties. From bare perusal of the FIR it appears that there is specific allegation against the petitioner of assaulting his brother on the head with farsa but there is no intention to kill anyone and due to spur of moment the, present occurrence had taken place. It is further submitted that Title Suit No, 319/2024 is pending between the parties. He further submits that the co-accused person, namely, Rahul Kumar has been granted regular bail by this Hon'ble Court vide order dated 16.03.2026 passed in Cr. Misc. No. 16670/2026. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 26.12.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and the co-accused person has been granted regular bail by this Hon'ble Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM 1st Class, Gopalganj in connection with Gopalpur P.S. Case No. 341/2025,
Patna High Court CR. MISC. No.26432 of 2026(2) dt.22-04-2026 3/3 subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) atul/- U T