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Patna High Court

Shailesh RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court allowed the petition for anticipatory bail, directing release on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the CrPC.

Summary

The petitioner, Shailesh Ram, was implicated in a 2017 FIR alleging assault on an informant’s head along with co‑accused Nandu Ram, invoking IPC sections 341, 147, 149, 323, 324, 307 and 379. He contended that the incident was a mutual scuffle, that only one injury was medically recorded, and that he has a clean antecedent, thereby asserting innocence. The State opposed his application for anticipatory bail. The High Court, after examining the case‑and‑counter‑case facts, investigative material and the petitioner’s clean record, granted anticipatory bail. The order directed that, if arrested within eight weeks, the petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the CrPC. The decision effectively safeguards the petitioner’s liberty pending trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offences.
  • Whether the nature of the alleged offences under the IPC precludes the grant of anticipatory bail.
  • Whether the petitioner’s clean antecedents and the lack of corroborative injury evidence justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • assault
  • clean antecedents
  • bail bond
  • Section 482
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22036 of 2026

                  Arising Out of PS. Case No.-312 Year-2017 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Shailesh Ram S/O Dina Ram Resident of Village - Sirsa Sherah, P.S-
                 Baikunthpur, District- Gopalganj

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Ms. Shubhangi Pandey, Advocate
                 For the State          :        Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 341, 147,

                   149, 323, 324, 307 and 379 of the Indian Penal Code.

                                3. As per prosecution case, it is alleged that this

                   petitioner, along with co-accused Nandu Ram, assaulted on the

                   head of informant.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. As a matter of fact, on account of petty
Patna High Court CR. MISC. No.22036 of 2026(2) dt.15-04-2026
                                            2/3




          dispute, a simple maar-peet took place between the parties in

          which both sides sustained injuries. There is case and counter-

          case. Though as per F.I.R., this petitioner, along with co-accused

          Nandu Ram, is alleged to have assaulted on the head of

          informant with farsa and fasuli, however, doctor has found only

          one injury on the head of informant, which itself falsifies the

          entire prosecution case. Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, case and counter-case between the parties, materials that

          have surfaced during investigation and clean antecedents of the

          petitioner, the prayer for grant of anticipatory bail to the

          petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Judicial Magistrate 1st Class,

          Gopalganj in connection with Baikunthpur P.S. Case No. 312 of
             Patna High Court CR. MISC. No.22036 of 2026(2) dt.15-04-2026
                                                         3/3




                       2017, subject to condition as laid down under Section 482(2) of

                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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