Patna High Court
Ram Briksh BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, seven members of the Bharti family, applied for anticipatory bail fearing arrest in a case (PS Imamganj No.256 of 2025) alleging offences under several IPC sections including assault, outraging modesty and criminal intimidation. The prosecution alleged that the accused entered the complainant's house armed and assaulted her and her rescuers. The petitioners contended that they were falsely implicated, noting the absence of a medical injury report after four months and asserting a clean antecedent. The State opposed the bail, arguing the seriousness of the allegations. The High Court, after considering the submissions, granted anticipatory bail under Section 438 CrPC, subject to conditions such as bail bonds, sureties, presence before the trial court, and verification of criminal antecedents, and ordered the bail to be released within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to the petitioners despite allegations under multiple IPC sections.
- Whether the allegations constitute a serious offence that warrants denial of anticipatory bail.
- Whether the petitioners have been falsely implicated, justifying the grant of bail.
Legislation cited
- B.N.S.
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 190, 191(2), 329(3), 351(2), 352, 74
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11753 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
1. Ram Briksh Bharti S/o- Late Mahabir Bharti Resident of Village-Badhai
Khap, P.S- Imamganj, Dist-Gaya
2. Rajendra Bharti S/o- Late Mahabir Bharti Resident of Village-Badhai Khap,
P.S- Imamganj, Dist-Gaya
3. Jaglal Bharti S/o- Sudama Bharti Resident of Village-Badhai Khap, P.S-
Imamganj, Dist-Gaya
4. Manorma Devi @ Mulurwa W/o- Rajendra Bharti Resident of Village-
Badhai Khap, P.S- Imamganj, Dist-Gaya
5. Sunita Devi w/o- Rambriksha Bharti Resident of Village-Badhai Khap, P.S-
Imamganj, Dist-Gaya
6. Sunita Devi W/o- Sukhdev Bharti Resident of Village-Badhai Khap, P.S-
Imamganj, Dist-Gaya
7. Kaushalya Devi w/o- Sudama Bharti Resident of Village-Badhai Khap, P.S-
Imamganj, Dist-Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nand Kishore Prasad Sinha, Adv.
For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in
connection with Imamganj P.S. Case No. 256 of 2025 dated
29.08.2025 registered for the offences punishable under
Sections 191(2), 190, 126(2), 115(2), 329(3), 74, 109, 352 and
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351(2) of the B.N.S.
3. As per the prosecution case, the informant has
alleged that the accused persons tried to outrage the modesty of
her daughter and when she complaint about the same, it is
alleged that in the night all the accused persons variously
armed came with lathi, danda and khanti etc., entered the house
of the informant and assaulted her and the two persons who
came to her rescue, were also assaulted.
4. The learned counsel for the petitioners submits
that the petitioners have falsely been implicated and no such
occurrence as alleged has occurred. It has further been
submitted that false implication of the petitioners can be
ascertained from the fact that despite passage of four months,
the injury report has not been brought on record and the same
fact is clear from perusal of the impugned order. It has lastly
been submitted that the allegation in itself is general and
omnibus and the petitioners carries clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid submissions made by
the parties and taking into account the facts and circumstances
of the case, the petitioners above named, are directed to be
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released on anticipatory bail, in the event of arrest or surrender
before the Court below within a period of four weeks from
today, on furnishing bail-bonds of Rs. 10,000/-(Rupees 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 Imamganj P.S.
Case No. 256 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 BNSS as well as subject
to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will be liable to be cancelled by the Court
concerned.
(iv) The trial court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that the petitioners have concealed their criminal
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antecedents, the trial court shall take necessary steps for
cancellation of bail bonds 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.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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