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Patna High Court

Ram Babu Sah @ Ram Babu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a bond and conditions under the BNS, 2023.

Summary

Ram Babu Sah, the petitioner, feared arrest in a case (Singhaul P.S. Case No. 178 of 2025) filed under Sections 109(1), 352, 351(2), 115(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging that he and five others brutally assaulted an informant, his son and grandson. The petitioner pleaded innocence, stating that both parties are agnates, the injuries were simple and caused by a blunt object, and that there exists a counter‑case between them. The State opposed the bail but also acknowledged the agnate relationship and the simple nature of the injuries. The Court examined these facts and, considering the simplicity of the injuries and the familial relationship, decided to grant anticipatory bail. The bail was conditioned on a bond of Rs.30,000 and compliance with Sections 2(1)(d) and 482(2) of the BNS, 2023, to be filed with the ACJM‑IV, Begusarai.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023.
  • Whether the nature of the alleged assault and the simple injuries justify bail.
  • Whether the agnate relationship between the parties affects the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bhartiya Nyaya Sanhita
  • simple injuries
  • agnates
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23529 of 2026
                       Arising Out of PS. Case No.-178 Year-2025 Thana- Singhaul District- Begusarai
                 ======================================================
                 Ram Babu Sah @ Ram Babu Kumar S/o Ram Nandan Sah R/o Village-
                 Dumari, P.S- Singhaul, Dist- Begusarai.
                                                                 ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :         Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   01-07-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Singhaul P.S. Case No. 178 of 2025, dated 10.11.2025,

                   lodged under Sections 109(1), 352, 351(2), 115(2) and 3(5) of

                   the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as

                   “BNS, 2023”).

                                3. As per the prosecution, FIR has been lodged

                   against six named accused persons, including the present

                   petitioner, alleging that all the accused persons brutally

                   assaulted the informant's son and also assaulted the informant

                   and his grandson.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   further submits that both parties are agnates and for the same
          Patna High Court CR. MISC. No.23529 of 2026(3) dt.01-07-2026
                                                      2/2




                    date and place of occurrence, there is a case and a counter-case

                    between the parties. Counsel further submits that, on the

                    previous occasion, the case diary and injury report were called

                    for, and from the same it transpires that the injuries are simple in

                    nature and were caused by a hard and blunt substance.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner but fairly submits that there is a case and

                    counter-case between the parties, both parties are agnates and

                    the injuries are simple in nature.

                                 6. Considering the facts and circumstances of the

                    present case, let the above-named petitioner be released on

                    anticipatory bail, in the event of arrest or surrender before the

                    Trial Court within a period of 4 weeks from today, on furnishing

                    bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                    mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                    satisfaction of A.C.J.M.-IV, Begusarai, in connection with

                    Singhaul P.S. Case No. 178 of 2025, subject to the conditions as

                    laid down U/s 482(2) of the BNSS, 2023.



                                                                         (Dr. Anshuman, J.)
Aman Kumar/-

U     T


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