Patna High Court
Rameshwar Prasad Sah @ Rameshwar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petitioners' application for anticipatory bail.
Summary
The petitioners, seven residents of Heerapakad village, sought anticipatory bail fearing arrest in connection with PS Manuapul Case No.169 of 2025, which alleged their involvement in a violent assault on an informant's family under multiple sections of the Bharatiya Nyaya Sanhita, 2023. They contended that the allegations were false, arising from a family dispute, and that the injuries reported were minor, with some petitioners themselves sustaining injuries from the informant's side. The State opposed the bail, emphasizing the seriousness of the offences and the petitioners' prior criminal records. The Court examined the balance between the presumption of innocence and the nature of the accusations, and considered the petitioners' criminal antecedents. It granted anticipatory bail subject to stringent conditions, including bond, sureties, personal appearance in court, and regular reporting to the Superintendent of Police. The order clarified that any observations made therein would not affect the trial proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged offences and the petitioners' criminal antecedents justify denial of bail.
- Whether the conditions imposed by the Court are appropriate and lawful.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 308(2), 308(3), 351(2), 352, 482(2), 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- Bharatiya Nyaya Sanhita
- assault
- criminal antecedent
- bail conditions
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44244 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- Manuapul District- West Champaran
======================================================
1. Rameshwar Prasad Sah @ Rameshwar Sah S/O Late Ramchandra Sah R/O
Village- Heerapakad, P.S.- Manupapool, Distt.- West Champaran.
2. Baccha Sah @ Krishana Prasad S/O Late Ramchandra Sah R/O Village-
Heerapakad, P.S.- Manupapool, Distt.- West Champaran.
3. Nitesh Kumar Gupta @ Raja Sah @ Raja Kumar S/O Baccha Sah @
Krishana Prasad R/O Village- Heerapakad, P.S.- Manupapool, Distt.- West
Champaran.
4. Ramji Kumar Sah @ Ramji Sah @ Ajeet Kumar S/O Rameshwar Prasad Sah
R/O Village- Heerapakad, P.S.- Manupapool, Distt.- West Champaran.
5. Bholu Prasad @ Bholu Sah @ Indra Kant Kumar S/O Ashutosh Prasad R/O
Village- Heerapakad, P.S.- Manupapool, Distt.- West Champaran.
6. Aditya Kumar Gupta @ Aditya Sah S/O Rameshwar Prasad R/O Village-
Heerapakad, P.S.- Manupapool, Distt.- West Champaran.
7. Rana Sah @ Rohit Kumar S/O Late Madho Sah R/O Village- Heerapakad,
P.S.- Manupapool, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Manuapul P.S. Case No.169 of 2025 registered for the
offences under Sections 190, 191(2), 74, 191(3), 126(2), 115(2),
118(1), 109(1), 303(2), 308(2), 308(3), 351(2), 352 of the
Bharatiya Nyaya Sanhita, 2023.
Patna High Court CR. MISC. No.44244 of 2026(2) dt.08-07-2026
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3. The allegation against the petitioners is that they in
connivance and all variously armed, brutally assaulted the
informant's side and injured them.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated with general and
omnibus allegations. It has further been submitted that even if
the allegations are taken into account, the injuries sustained by
the informant’s side were found to be simple in nature and in
fact, for the same incident, there was a counter case lodged on
behalf of the petitioners' side, and from perusal of the injury
report, brought on record by way of Annexure-3, it would be
evident that petitioner no. 3, namely, Nitesh Kumar Gupta @
Raja Sah @ Raja Kumar and petitioner no. 7, namely, Rana Sah
@ Rohit Kumar, were also injured, whose injuries were caused
by the informant and his family members. It has next been
submitted that it is on account of the fact that there is a dispute
between the two families, who are admittedly neighbours, this
case, on a concocted story, has been lodged. It has lastly been
submitted that petitioner no. 1 has two criminal antecedents,
petitioner no. 2 has five criminal antecedents, petitioner no. 3
has one criminal antecedent, and petitioner no. 6 has one
criminal antecedent. It has also been submitted that petitioner
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nos. 4, 5, and 7 have clean antecedents.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Manuapul P.S. Case No.169 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the Court concerned.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
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(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed
their criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioners.
However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose
of or in the name of verification.
(vi) In view of the antecedent of the
petitioners, the petitioners are directed to appear before
the Superintendent of Police, West Champaran within
fifteen days of their release with a copy of this order
and every two weeks thereafter for the next nine
months. The conduct of the petitioners will be kept
under watch in this period by the Superintendent of
Police concerned and if it is found wanting in any
respect, a report shall be made to the Court concerned
by him to initiate a proceeding for cancellation of bail
for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by
the petitioners before the courts concerned.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
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