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Patna High Court

Rambabu SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.1987 of 2026(3) dt.07-04-2026
                                            2/3




          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
                                                        3/3




                      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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