Patna High Court
Gajendra Kumar Ram @ Gajendra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Gajendra Kumar Ram, applied for anticipatory bail in a case where the FIR alleged he assaulted an informant and his son with a knife and lathi over a land dispute. The petitioner contended that the FIR was a retaliatory counter‑case to an earlier FIR he had lodged, and that the alleged injuries were minor, with the son sustaining only a simple laceration on the chin. The court considered the co‑villager relationship, the nature of the counter‑case, and the simplicity of the injuries. Relying on Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, the judge found no justification to deny bail. Consequently, the application for anticipatory bail was allowed, subject to a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita in view of the allegations under Sections 126(2), 115(2), 109, 118(1), 351(2), 352, and 3(5) of the Bhartiya Nyaya Sanhita.
- Whether the FIR constitutes a counter‑blasting case and the nature of the alleged injuries affect the grant of bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- Section 482
- counter FIR
- co‑villagers
- simple injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24309 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- M.H. Nagar District- Siwan
======================================================
Gajendra Kumar Ram @ Gajendra Ram S/o- Harilal Ram Resident of
Village- Rampur PS- MH Nagar, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swarnima
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of M.H. Nagar Police Station Case No. 12 of 2026, dated
11.01.2026, disclosing offences under Sections
126(2)/115(2)/109/118(1)/351(2)/352/3(5) of the Bhartiya
Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that the informant has alleged that some of the co-
villagers were trying to install a new transformer on the
land of informant and when the informant protested, the
petitioner, along with other accused persons, assaulted
informant and his son with knife, lathi, etc.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.24309 of 2026(2) dt.22-04-2026
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petitioner has not committed any offence in the manner
alleged and present FIR has been lodged as counter-blast
to the FIR lodged by the petitioner against the informant,
bearing M. H. Nagar Police Station Case No. 11 of 2026,
for an occurrence which has taken place on 10.01.2026.
The FIR lodged by the petitioner is prior in time to the
present FIR. He next submits that in the FIR, there is
allegation against the petitioner that he, along with other
accused persons, assaulted the informant’s son by means
of knife on his head, however, from perusal of the injury
report, as mentioned in impugned order, it appears that
informant has not sustained any injury and his son has not
sustained injury on his head, but has sustained injury
having lacerated wound on his chin and the injury has
been opined as simple in nature.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that both the
parties are co-villagers, case and counter-case is there and
injury sustained by the victim is simple in nature, I am
inclined to grant the petitioner privilege of anticipatory
bail.
6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.24309 of 2026(2) dt.22-04-2026
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7. Let the petitioner, above named, in the event of his 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 Chief Judicial
Magistrate, Siwan, in connection with M. H. Nagar Police
Station Case No. 12 of 2026, subject to the condition laid
down under Section 482 (2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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