Rama Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36705 of 2026 Arising Out of PS. Case No.-173 Year-2024 Thana- RAGHOPUR District- Vaishali ====================================================== Rama Kumar S/O - Tilakdhari Sahni R/O Mohalla - Nurudiganj, P.S - Maalsalami,Dist- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K. Lal, Sr. Advocate Mr.Pramod Kumar, Advocate For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Raghopur P.S. Case No. 173 of 2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 504, 506 & 120B Indian Penal Code.
3. The allegation against the petitioner is to assault the son of the informant alongwith six named and six unknown coaccused persons, where dispute surfaced due to fishing issue in the river Ganga.
4. Mr. S.K. Lal, learned senior counsel appearing on behalf of the petitioner submitted that upon post-mortem only single head injury was found upon the deceased and, therefore,
Patna High Court CR. MISC. No.36705 of 2026(2) dt.16-06-2026 2/3 the allegation that the deceased was assaulted indiscriminately by 13-15 persons during the course of occurrence creates a doubt qua raised allegation by informant, who is the eye witness.
5. It is further submitted by Mr. Lal that considering the aforesaid aspect, similarly situated co-accused persons namely, Dharmendra Kumar through Cr. Misc. No. 36493 of 2025 dated 18.07.2025 and Simal Kumar @ Jigal Sahni through Cr. Misc. No. 2061 of 2025 dated 15.05.2025 have been granted privilege of anticipatory bail by one of the learned coordinate Bench of this Court and, therefore, on the ground of parity petitioner also deserves anticipatory bail.
6. Explaining criminal antecedent of the petitioner, Mr. Lal submitted that petitioner found involved in three more criminal cases of petty nature related with excise, in which he is on bail.
7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
8. In view of the aforesaid factual submissions and by taking note of the fact as the post-mortem report of the deceased prima facie creates a doubt qua allegation of indiscriminate assault, as alleged by the informant, who claimed to be an eye
Patna High Court CR. MISC. No.36705 of 2026(2) dt.16-06-2026 3/3 witness of the occurrence, coupled with the fact that similarly situated co-accused persons have been also granted anticipatory bail by one of the learned coordinate Bench of this Court, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur/concerned court in connection with Raghopur P.S. Case No. 173 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T