Patna High Court
Ram Ayodhya SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, members of the Sah family, were implicated in a police case arising from a land dispute, with the FIR alleging assault and theft on 8 January 2026. They contended that they had attempted to lodge a counter‑FIR against the informant, which was rejected, leading to the present complaint by the informant. The petitioners sought anticipatory bail, arguing that the injury to the informant was simple and the allegations were motivated by the land dispute. The court noted the familial nature of the accusations, the simple injury, and the background of the dispute. Accordingly, the court granted anticipatory bail subject to conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged offences and the circumstances of a land dispute.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(2), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- assault
- FIR
- Bhartiya Nyaya Sanhita
- Criminal Procedure
- Section 438
- Section 482
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24187 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- GHORASAHAN District- East Champaran
======================================================
1. Ram Ayodhya Sah son of Late Maheshi Sah Resident of Village-
Ghorasahan Sarswati Chowk, Ps- Ghorasahan, Dist- East Champaran
Motihari
2. Pramila Devi Wife of Ram Ayodhya Sah Resident of Village- Ghorasahan
Sarswati Chowk, Ps- Ghorasahan, Dist- East Champaran Motihari
3. Ranjit Sah Son of Sri Ram Ayodhya Sah Resident of Village- Ghorasahan
Sarswati Chowk, Ps- Ghorasahan, Dist- East Champaran Motihari
4. Satendra Sah son of Sri Ram Ayodhya Sah Resident of Village- Ghorasahan
Sarswati Chowk, Ps- Ghorasahan, Dist- East Champaran Motihari
5. Pratibha Devi @ Pratima Devi Wife of Ranjit Sah Resident of Village-
Ghorasahan Sarswati Chowk, Ps- Ghorasahan, Dist- East Champaran
Motihari
6. Lakhi Kumari @ Laxmi Kumari Daughter of Sri Ram Ayodhya Sah
Resident of Village- Ghorasahan Sarswati Chowk, Ps- Ghorasahan, Dist-
East Champaran Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Ghorasahan Police Station Case No. 04 of 2026
disclosing offences under Sections 126(2), 115(2), 118(2),
109(1), 303(2), 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita,
2023.
Patna High Court CR. MISC. No.24187 of 2026(2) dt.22-04-2026
2/3
3. The prosecution case, as per the First Information
Report, is that on 08.01.2026, the petitioners along with other
accused persons assaulted the informant with farsa, rod and also
snatched golden chain.
4. Learned counsel for the petitioners submits that the
entire family members have been made accused in this case due
to land dispute between the parties. The petitioners side also
tried to lodge a case before Ghorasahan Police Station inasmuch
as during the marriage ceremony the informant side entered into
the house of the petitioners and also assaulted the petitioners
and also looted the articles kept for marriage ceremony. The
petitioners side tried to lodge FIR but the FIR was not accepted
for which the petitioners lodge the complaint on 09.01.2026
before the Superintendent of Police, East Champaran, Motihari.
Subsequently, the present FIR has been lodged by the informant
on 10.01.2026 which is counterblast to the case which the
petitioners tried to lodge before Ghorasahan Police Station. On
the basis of complaint made by the petitioners, the S.H.O.,
Ghorasahan Police Station, namely, Sri Sanjeev Kumar has been
sent to Police line, Motihari. A Writ petition is also filed by the
petitioners. The injury sustained by the informant is simple in
nature.
Patna High Court CR. MISC. No.24187 of 2026(2) dt.22-04-2026
3/3
5. Having regard to the submissions made on behalf
of the parties and taking into consideration the fact that there is
land dispute between the parties, the petitioners sides also tried
to lodge FIR but was not accepted and the injury sustained by
the informant is simple in nature, I am inclined to grant the
petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Sub-
Divisional Civil Court, Sikrahana at Dhaka, District- East
Champaran at Motihari, in connection with Ghorasahan Police
Station Case No. 04 of 2026, subject to the condition laid down
under Section under Section 438 (2) of the Code of Criminal
Procedure/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Anil Kumar Sinha, J)
Ranjeet/-
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