Kapil Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45042 of 2026 Arising Out of PS. Case No.-59 Year-2026 Thana- HALSI District- Lakhisarai ====================================================== 1.
Kapil Ram S/O Late Kulo Ram R/O Vill.- Koli, P.s.- Halsi, Dist.- Lakhisarai. 2.
Sunita Devi W/O Kapil Ram R/O Vill.- Koli, P.s.- Halsi, Dist.- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Bilochan, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, A.P.P.
For the Informant :
Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2026 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 74, 352, 351(2), 329(3), 109(1), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 03.03.2026 at about 6 PM, all the F.I.R. named accused persons, including these petitioners and some unknown persons, arrived there and abused and assaulted informant and his family members.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Specific accusation of assault is against co-accused Ratan Kumar. Allegation against petitioners is general and omnibus
Patna High Court CR. MISC. No.45042 of 2026(2) dt.22-07-2026 2/2 and there is no allegation of any specific overt act against these petitioners. F.I.R. has been lodged after inordinate delay of about six days which itself raises doubt over veracity of the prosecution case. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the nature of accusation, delay in lodging the F.I.R. and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Lakhisarai in connection with Halsi P. S. Case No. 59 of 2026, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T