Ram Singh Kushwaha @ Ramshiv Kumar v. The State of Bihar
CR. MISC./83522/2025 · 2025-12-18
Harish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106523 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106523 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83522 of 2025 Arising Out of PS. Case No.-390 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ram Singh Kushwaha @ Ramshiv Kumar Son of Jai Govind Prasad Resident Of Village -Gorhwa, Po -Gorhwa, Ps -Muffasil, Dist -East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 18-12-2025 Heard the parties. 2. The petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 390 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 117(2), 74, 303(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. On account of a dispute with regard to the share in the property, it is alleged that the petitioner along with other co- accused persons have assaulted the informant and others, due to which they have sustained serious injuries; besides there is allegation of snatching of valuables and threatening with dire consequences. 4. Learned Advocate for the petitioner, taking this
Patna High Court CR. MISC. No.83522 of 2025(2) dt.18-12-2025 2/3 Court through the F.I.R., contended that save and except the petitioner is said to be a member of the mob, there is no specific allegation against him, which led to injury to any of the persons. Only because of the fact that the petitioner is one of the co- sharer, his name has been implicated in this case in order to wreak vengeance and put pressure. There is a counter version of the present case, bearing Muffasil P.S. Case No. 391 of 2025, instituted against the informant and others. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceedings of the court. 5. On the other hand, learned APP for the State vehemently opposes the bail application. 6.
Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the genesis of the occurrence, besides the factum of case and counter case, coupled with the absence of any specific accusation against the petitioner, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East
Patna High Court CR. MISC. No.83522 of 2025(2) dt.18-12-2025 3/3 Champaran in connection with Muffasil P.S. Case No. 390 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. uday/- (Harish Kumar, J) U T