Patna High Court
Ramotar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to specified monetary and procedural conditions.
Summary
The petitioners, five residents of Mohanpur, sought anticipatory bail fearing arrest in connection with FIR No.50 of 2025 alleging offences under sections 191(2), 190, 109, 132, 121(i), 121(2), 352 and 351(2) of the Indian Penal Code. The prosecution alleged that the petitioners, during a police patrol related to a land dispute, assaulted police personnel, including a lady ASI, leading to the FIR. The petitioners contended they had no role in the alleged assault, possessed no criminal antecedent, and offered to pay Rs.1,000 each to the ASI as a condition. The State opposed the bail, emphasizing the alleged assault on police. Considering the lack of antecedent and the nature of the alleged injury as simple, the Court granted anticipatory bail subject to payment of Rs.1,000 each to the ASI, a cash bail of Rs.10,000 each with two sureties, and several compliance conditions under Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC.
- Whether the petitioners' alleged conduct warrants denial of bail.
- Whether imposing a monetary contribution to the ASI as a condition is permissible.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 109, 121(2), 121(i), 132, 190, 191(2), 351(2), 352
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- police assault
- bail conditions
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1161 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- NAUHATTA District- Saharsa
======================================================
1. Ramotar Sharma Son of Late Nathuni Sharma Resident of Village-
Mohanpur, Ward No. 09, Ps- Nauhatta, Dist- Saharsa
2. Ram Chandra Sharma son of Late Nathuni Sharma Resident of Village-
Mohanpur, Ward No. 09, Ps- Nauhatta, Dist- Saharsa
3. Pawan Sharma Son of Ram Chandra Sharma Resident of Village-
Mohanpur, Ward No. 09, Ps- Nauhatta, Dist- Saharsa
4. Nilam Devi Wife of Sajan Sharma Resident of Village- Mohanpur, Ward No.
09, Ps- Nauhatta, Dist- Saharsa
5. Anita Devi Wife of Raju Sharma Resident of Village- Mohanpur, Ward No.
09, Ps- Nauhatta, Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subesh Sharma, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard Mr. Subesh Sharma, learned Counsel for the
petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Nauhatta P.S. Case No. 50 of 2025 for the offence
registered under sections 191(2), 190, 109, 132, 121(i), 121(2),
352, 351(2) of BNS lodged on 24.03.2025.
3. As per the prosecution story, the informant alleged
that during the patrolling duty and on information that due to
land dispute, there is a possibility of blood shed, Police reached
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the place but the group started misbehaving/pushing the Police
team and also behaved indecently with the lady Police Officers/
started beating them. This led to the FIR.
4. Learned Counsel for the petitioners submit that
they had no role to play but all of them have been implicated.
Further, none of the five petitioners have criminal antecedent.
Further, the submission is that without accepting the allegation
and/or the outcome of the present petition, the petitioners want
to contribute Rs. 1,000/- each (total Rs.5,000/-) to the A.S.I.,
Nikki Kumari who was posted with the Nauhatta Police Station
in the district of Saharsa through Demand Draft issued by the
local branch of the State Bank of India/any Nationalized Bank
to be submitted before the ‘NAZARAT’ of concerned Court to
be handed over to A.S.I., Nikki Kumari after checking the
credentials.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that they
have assaulted the Police personnel.
6. Considering the submissions of the parties as also
that they have no criminal antecedent, the injury of Nikki
Kumari has been found to be simple in nature, in that
background, this Court is inclined to grant them the anticipatory
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bail with conditions subject to payment of Rs. 1,000/- each
(total Rs.5,000/-) to the A.S.I., Nikki Kumari who was posted
with the Nauhatta Police Station in the district of Saharsa as
undertaken by the learned counsel for the petitioner to be paid
by Demand Draft of local branch of the State Bank of India/any
Nationalized Bank to be submitted to the Trial Court.
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Saharsa in connection with Nauhatta P.S.
Case No. 50 of 2025 subject to condition as laid down under
Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
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(iii) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U
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