Patna High Court
Rambabu SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail should be granted subject to the conditions specified.
Summary
The petitioners, three brothers from Mathiya village, sought anticipatory bail fearing arrest in a 2018 case (PS No.87) that alleged assault, grievous hurt, robbery and other offences under multiple sections of the IPC. The prosecution alleged that they assaulted the informant’s wife and daughters and stole jewellery. The petitioners contended they were falsely implicated, had no criminal record, and that the informant, who is the brother of one petitioner, filed the case due to a family dispute, later filing a compromise petition. The State opposed the bail. Considering the petitioners’ clean antecedent, the compromise between the parties, and the nature of the charges, the Court ordered that if they surrender within six weeks they be released on bail with a bond of Rs.10,000 each and two sureties, subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite charges including Section 307 IPC.
- Whether the compromise between the parties warrants bail.
- Whether the nature of the offences (bailable vs non‑bailable) affects the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482
- Code of Criminal Procedure, 1973 — s. 41
- Indian Penal Code — s. 147, 307, 323, 324, 325, 341, 354, 379, 504, 506
Subjects
- anticipatory bail
- compromise petition
- IPC offences
- Section 41 CrPC
- BNSS 2023
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1987 of 2026
Arising Out of PS. Case No.-87 Year-2018 Thana- PAKRIDAYAL District- East Champaran
======================================================
1. Rambabu Sah Son of Jainarayan Sah Resident of Village - Mathiya, P.S. -
Pakridayal, District - East Champaran.
2. Jainarayan Sah Son of Late Jamadar Sah R/o Village - Mathiya, P.S. -
Pakridayal, Dist. - East Champaran.
3. Vishwanath Sah Son of Late Sri Bhagwan Sah Resident of Village -
Mathiya, P.S. - Pakridayal, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
Mr. Kaushlendra Kr. Sinha, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Pakridayal P.S. Case No. 87 of 2018, instituted under
Sections 147, 341, 323, 324, 325, 354, 307, 504, 506, 379 of the
Indian Penal Code.
3. As per the prosecution case, on the date of
occurrence due to some dispute between the children petitioners
along with F.I.R. named accused persons came and Rambabu
Sah gave Farsa blow on the head of wife of informant causing
injury. Petitioner Nos. 2 and 3 assaulted the daughters of the
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informant. The accused persons also snatched the golden chain
and ear ring from the daughter of the informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. After investigation, Police has filed charge-sheet under the
bailable Sections, however, the Court concerned has taken
cognizance under Section 307 of the I.P.C. also along with other
Sections of the I.P.C. Earlier, petitioners were granted benefit of
Section 41(1) Cr.P.C. Petitioner No. 2 is full brother of the
informant. It is submitted that due to some dispute relating to
children, informant has filed the case. Later on, the informant
filed compromise petition before the Court concerned.
Petitioners have no criminal antecedent. They undertake to co-
operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties, fair criminal
antecedent of the petitioners and subsequent development
including compromise taken place between the parties who are
agnates, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioners be released
Patna High Court CR. MISC. No.1987 of 2026(3) dt.07-04-2026
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on bail upon furnishing bail bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, East
Champaran at Motihari in connection with Pakridayal P.S. Case
No. 87 of 2018, subject to the conditions laid down in Section
482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.),
2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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