Akshay Ram @ Akshay Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42950 of 2026 Arising Out of PS. Case No.-72 Year-2026 Thana- SANDESH District- Bhojpur ====================================================== Akshay Ram @ Akshay Kumar Ram, aged about 25 years, Gender-Male, S/o Lalmohar Ram, resident of Village-Repura, P.S.-Sandesh, District-Bhojpur. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalu Yadav S/o Guddu Yadav, resident of village-Repura, P.S.-Sandesh, District-Bhojpur.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Indu Kumari Srivastava For the State :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 13-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has prayed for anticipatory bail registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 103(1), 77 of B.N.S. and Section 12 of POSCO Act.
3. The case of the prosecution, in short is that the sister of the informant was hit with a stone by co-accused Laldut Ram on 16.03.2026, which was objected by informant's side and was made an issue by Laldut Ram and his family members. Consequently, on the same day in the night, the uncle of informant
Patna High Court CR. MISC. No.42950 of 2026(2) dt.13-07-2026 2/3 went to attend the call of nature, where Laldut Ram, armed with an iron rod, along with his son, nephew and his cousin brother, armed with lathi-dandas assaulted the uncle of informant, which resulted in his death.
4. Counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and there is no specific allegation against the petitioner, who is the nephew of said Laldut Ram. The Counsel for petitioner has further drawn the attention of this court towards Paragraph-9 that in statement under Section 183 of B.N.S.S., victim has named only co-accused Laldut Ram and she has not attributed any allegations against anybody except Laldut Ram to be involved in the assault which resulted in the death of the uncle. The counsel for petitioner further submits that no offence under Section 12 of POSCO Act is made out against petitioners, for the reason that they have not lodged any F.I.R. for alleged incident of hitting the victim by a stone on the alleged date.
5. The counsel for State, assisted by the counsel for the informant opposes the prayer for anticipatory bail on the ground that petitioner is named in the F.I.R. and he, along with Laldut Ram, has been described in the F.I.R. as having actively participated in the alleged offence.
6. Having considered the rival submissions, particularly
Patna High Court CR. MISC. No.42950 of 2026(2) dt.13-07-2026 3/3 the statement of victim under Section 183 of B.N.S.S. as averred in Paragraph-9 of the petition that the victim has not alleged anything specific against this petitioner, and according to her, it is the Laldut Ram who committed the alleged offence.
7. The petitioner is aged about 25 years with clean antecedents. The prayer of anticipatory bail is allowed.
8. This Court directs that the petitioner, in the event of arrest and surrender before the below Court within a period of four weeks from today, after furnishing the bail bond of Rs. Rs. 25,000/- (Rs. twenty-five thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court POSCO Act cum District & Additional Sessions Judge-VI, Bhojpur at Ara in connection with Sandesh P.S. Case No. 72/2026 subject to the conditions as laid down under Section 438(2) of the corresponding provisions of the B.N.S.S.
9. It is made clear that any attempt on the part of the petitioner to delay the trial will entitle the prosecution to move for cancellation of bail without further recourse of this Court. (Ranjan Kumar Jha, J) rashmi/- U T