Patna High Court
Ram Swaroop @ Ram Swaroop RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that anticipatory bail is appropriate and granted bail to both petitioners with specified conditions.
Summary
The petitioners, Ram Swaroop and Shiv Kumari Devi, were named in an FIR (Case No. 388 of 2021) for alleged assault using an iron rod, alleged to arise from a land dispute, invoking IPC sections 341, 323, 324, 307, 379 and 34. The petitioners applied for anticipatory bail, contending that the father of the informant (Petitioner 1) had no involvement and that the injury to the informant caused by Petitioner 2 was to a non‑vital part of the body, lacking intent to cause death. The State opposed the bail. The Court examined the factual matrix, noting the lack of prima‑facie case against Petitioner 1 and the nature of the injury, as well as the fact that Petitioner 2 is a woman, and concluded that bail could be granted subject to conditions. Accordingly, the Court ordered that both petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties each, and to surrender within four weeks, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging offences under Sections 341, 323, 324, 307, 379 and 34 IPC.
- Whether there is a prima‑facie case against Petitioner 1 (the father of the informant).
- Whether the nature and location of the injury caused by Petitioner 2 negate the intention to cause death, justifying bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379
Subjects
- anticipatory bail
- assault
- Indian Penal Code
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- land dispute
- gender considerations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19080 of 2026
Arising Out of PS. Case No.-388 Year-2021 Thana- CHAKIA District- East Champaran
======================================================
1. Ram Swaroop @ Ram Swaroop Rai Son of Badari Rai @ Gudari Rai @
Badri Rai Resident of Village - Ghanshi Pakad, P.S. - Chakia, District - East
Champaran
2. Shiv Kumari Devi Wife of Ashok Kumar @ Ashok Rai Resident of Village -
Ghanshi Pakad, P.S. - Chakia, District - East Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Chakia P.S.
Case No. 388 of 2021 registered for the offences punishable
under Sections 341, 323, 324, 307, 379, 34 of the Indian
Penal Code.
3. The allegation against the petitioners is to assault
the informant and others by using iron rod causing head and
bodily injuries, where occurrence was alleged to be arisen
out of land related issues.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.19080 of 2026(2) dt.31-03-2026
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petitioners submitted that petitioner no. 1 is the father of
the informant aged about 87 years, whereas petitioner no. 2
is the sister-in-law (Bhabhi) of the informant. It is submitted
that allegation of assault is not available against petitioner
no. 1, whereas petitioner no. 2 alleged to assault the
informant during the course of occurrence causing leg injury,
which is non-vital part of the body, negating the intention to
cause death, as alleged. Both petitioners claimed clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. In view of the aforesaid factual submissions and
by taking note of the fact as allegation of physical assault
prima-facie not appears available against petitioner no. 1,
who is the father of informant and the injuries, as inflicted
by petitioner no. 2 upon the informant, found on non-vital
part of the body, which upon medical examination found
simple in nature, coupled with the fact that petitioner no.2 is
a lady, accordingly, above-named petitioners, in the event of
their arrest/surrender within a period of four weeks from this
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order, are directed to be enlarged on bail on furnishing of
bail bond of Rs.10,000/- (ten thousand only) each with two
sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, East Champaran,
Motihari/concerned court in connection with Chakia P.S.
Case No. 388 of 2021, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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