Ramchandra Prasad Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40004 of 2026 Arising Out of PS. Case No.-131 Year-2025 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.
Ramchandra Prasad Gupta S/O Late Kishori Prasad Gupta R/O VillageAshthawan, P.S- Ashthawan, Distt.- Nalanda, Bihar. 2.
Manju Devi W/O Ramchandra Prasad Gupta R/O Village- Ashthawan, P.SAshthawan, Distt.- Nalanda, Bihar. 3.
Vikash Ranjan S/O Naresh prasad @ Naro R/O Village- Saksohra, P.S- Barh, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Ankita Kumari For the Opposite Party/s :
Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 74, 76, 352, 351(2), 303(2), 110(2) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no.2 is a woman and the informant alleges that she was sitting in her shop when her Bhaisur (petitioner no.1) and blocked the way to the shop, on objection, the named accused persons including the
Patna High Court CR. MISC. No.40004 of 2026(2) dt.23-06-2026 2/3 petitioners assaulted her, her husband and son and even acted inappropriately with her.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant on account of dispute relating to property in the family. It is next submitted that petitioners were given the benefit of Section 35(3) BNSS and the police never felt the need of arresting them as they cooperated in the investigation but then charge sheet came to be submitted, based on which, cognizance was taken and summons issued but then petitioners never received any summon and all of a sudden non-bailable warrant of arrest was issued. It is further submitted that when police during the course of investigation never felt the need of arresting the petitioners and the petitioners never received the summon, whether it would be prudent for the court to send the petitioners to jail in the nature of dispute as alleged.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.40004 of 2026(2) dt.23-06-2026 3/3 bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Asthawan P.S. Case No.131 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J) amit/- U T