Binod Ram @ Vinod Ram @ Golu Ram vs The State Of Bihar on 29 July, 2026

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    Patna High Court – Orders

    Binod Ram @ Vinod Ram @ Golu Ram vs The State Of Bihar on 29 July, 2026

    Author: Khatim Reza

    Bench: Khatim Reza

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No. 50569 of 2026
                      Arising Out of PS. Case No.-158 Year-2022 Thana- SASARAM MUFFSIL District- Rohtas
                     ======================================================
                     Binod Ram @ Vinod Ram @ Golu Ram S/o Harihar Ram Resident of
                     Village- Dhankadha, Police Station- Sasaram (M) (Daudadh O.P.), Dist.-
                     Rohtas
    
    
    
    
                                                                                     ... ... Petitioner/s
                                                           Versus
                     The State of Bihar
    
    
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :      Mr.Kamla Kant Pandey, Advocate
                     For the Opposite Party/s :      Mr.Md. Shakir Ahmad, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
    
                                                      ORAL ORDER
    
    2   29-07-2026

    1. Heard learned counsel for the petitioner and

    learned Additional Public Prosecutor appearing for the State.

    SPONSORED

    2. The petitioner apprehends arrest in connection with

    Sasaram(M) (Dhaudadh O.P.) P.S. Case No. 158 of 2022, dated

    06.04.2022, instituted for the offences punishable under

    Sections 147, 149, 341, 323, 379, 307, 504 and 506 of the

    Indian Penal Code and Section 27 of the Arms Act.

    3. The allegation is that the petitioner along with

    other accused persons entered the informant’s house, abused and

    assaulted the informant and her family members and made
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    caste-based remarks. It is further alleged that co-accused

    Shankar Ram fired at the informant’s son, causing a gunshot

    injury to his leg and also caused a gunshot injury to the

    informant’s right hand when she intervened. It is also alleged

    that the accused persons confined and assaulted the family

    members and looted jewellery worth Rs. 5 lakh in retaliation for

    an earlier dispute between the children.

    4. Learned counsel for the petitioner submits that the

    petitioner is innocent and he has been falsely implicated in the

    present case. Learned counsel further submits that the specific

    allegation of firing is against co-accused Shankar Ram, who is

    alleged to have fired at the informant’s son. Although an

    allegation of firing has been made, no firearm injury is available

    on record. It is also submitted that the petitioner’s Bhabhi had

    lodged an F.I.R. regarding the same occurrence on 04.04.2022,

    whereas the present F.I.R. was lodged on 06.04.2022, after a

    delay of two days and without any plausible explanation, as a

    counterblast to the earlier case. Further submission is that no

    specific allegation of theft or assault nor any specific overt act,

    has been attributed to the petitioner and that the allegations

    against him are general and omnibus in nature. It is further

    submitted that except for Sections 379 and 307 of the Indian
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    Penal Code, the remaining offences are bailable and that

    Sections 379 and 307 of the Indian Penal Code were

    subsequently added without any material available on record. It

    is further submitted that no alleged stolen article has been

    recovered either from the petitioner’s house or from his physical

    or conscious possession. According to learned counsel, a scuffle

    had taken place between the informant, petitioner and other co-

    villagers, who are next-door neighbours, and the occurrence did

    not take place in the manner alleged in the First Information

    Report. Lastly, it is submitted that two criminal cases are

    pending against the petitioner.

    5. Learned counsel for the State has opposed the

    prayer for anticipatory bail.

    6. Having regard to the facts and circumstances of the

    case, particularly the general and omnibus nature of the

    allegations against the petitioner, the absence of any specific

    overt act attributed to him, the fact that no alleged stolen article

    has been recovered from his possession, and the specific

    allegation of firing being against co-accused Shankar Ram, this

    Court is inclined to extend the privilege of anticipatory bail to

    the petitioner.

    7. In the facts and circumstances of the case, let the
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    petitioner, above named, in the event of his arrest or surrender

    before the court below within a period of six weeks from

    today, be released on bail on furnishing bail bond of Rs.

    10,000/- (Rupees Ten Thousand) with two sureties of the like

    amount each to the satisfaction of the learned Chief Judicial

    Magistrate, Sasaram, Rohtas, in connection with Sasaram (M)

    (Dhaudadh O.P.) P.S. Case No. 158 of 2022, subject to the

    conditions laid down under Section 482 of the Bharatiya

    Nagarik Suraksha Sanhita, 2023 and further that (i) that the

    petitioner shall co-operate in the trial and shall be properly

    represented on each and every date fixed by the Court and on

    his absence on two consecutive dates without sufficient reason,

    his bail bond shall be cancelled by the court below, (ii) that one

    of the bailors will be his own blood relation, preferably father,

    mother, brother, sister and or his wife, (iii) that the bailor shall

    also state on affidavit that he will inform the court concerned if

    the petitioner is made accused in any other case of similar

    nature after his release in the present case and thereafter the

    court below will be at liberty to initiate the proceeding for

    cancellation of bail on ground of misuse, and (iv) that if the

    petitioner tampers with the evidence or the witnesses, in that

    case, the prosecution will be at liberty to move for cancellation
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    of bail.

    8. The application stands allowed.

    (Khatim Reza, J)
    shyambihari/-

    U



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