Patna High Court
Ram Sikeel KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted as the petitioner’s circumstances and the delay in FIR filing did not warrant immediate arrest.
Summary
The petitioner, Ram Sikeel Kumar, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Substantive (BNS) law. He claimed to have a clean record and alleged that the informant falsely implicated him, citing a three‑day delay between the alleged incident on 30‑10‑2025 and the filing of the FIR on 02‑11‑2025. The petitioner argued that the alleged injury was minor and that he was not a habitual offender. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order was made to be executed by the trial court where the case is pending.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 Cr.P.C. in view of the alleged offences?
- Whether the delay in filing the FIR and the claim of false implication justify bail?
- Whether the nature of the alleged injury and the petitioner's clean antecedents warrant bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false implication
- delay in FIR
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17289 of 2026
Arising Out of PS. Case No.-152 Year-2025 Thana- Chhaudahi District- Begusarai
======================================================
Ram Sikeel Kumar Son of Ganga Yadav @ Ganga Ram Yadav R/O Vill-
Dumri Ward No.2, P.S.- Chhaurahi, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 190,
191(2), 126(2), 115(2), 303(2), 352, 351(2) and 109(1) of the
BNS.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and the informant
alleges that on 30.10.2025 at 10.00 am, his son went to the
house of Ganga for demanding his outstanding dues on which
Ganga became furious and threatened to kill, thereafter, all the
accused persons surrounded his son and petitioner assaulted his
son by iron rod causing injury on head and when the informant
intervened the accused persons also assaulted him and Ganga
Patna High Court CR. MISC. No.17289 of 2026(2) dt.18-04-2026
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snatched chain of his son and threatened to kill.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that the date of occurrence is
30.10.2025 and FIR came to be instituted on 02.11.2025 i.e.
after a delay of three days without any plausible explanation. It
is also submitted that it might be the possibility that the
occurrence took place in some other manner and the informant
by way of afterthought implicated the accused persons including
the petitioner. It is also submitted that even presuming what has
been alleged to be true without admitting but then the injury has
been opined to be simple in nature and the blow is not alleged to
be repeated and petitioner is not a criminal.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/Successor
Patna High Court CR. MISC. No.17289 of 2026(2) dt.18-04-2026
3/3
Court in connection with Chhaurahi P.S. Case No. 152 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
khushbu/-
U T
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