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Patna High Court

Rameshwar Prasad Sah @ Rameshwar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.44244 of 2026(2) dt.08-07-2026
                                            3/4




          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.
              Patna High Court CR. MISC. No.44244 of 2026(2) dt.08-07-2026
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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/-

U         T


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