Patna High Court
Ram Babu Sah @ Ram Babu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 2(1)(d), 3(5), 351(2), 352, 482(2)
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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