Patna High Court
Ram Sabad RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioner, Ram Sabad Rai, sought anticipatory bail fearing arrest in a FIR (Kesariya P.S. Case No. 364 of 2025) filed under multiple sections of the Bhartiya Nayay Sanhita, 2023, alleging assault in a land dispute. The prosecution alleged that the petitioner assaulted the informant’s husband and brother‑in‑law, causing injuries, while the petitioner contended that the injuries were simple and that a related case against Manish Kumar had already been rejected. The Court noted the prior rejection of the Manish Kumar case and observed that the injuries to the victims were indeed simple. Considering these facts, the Court exercised its power under Section 438(2) of the Criminal Procedure Code to grant anticipatory bail, imposing standard bail conditions. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with several conditions, including regular appearances before police and courts.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations of assault under the Bhartiya Nayay Sanhita, 2023.
- Whether the prior dismissal of the case against Manish Kumar influences the petitioner's liability.
- Whether the nature of the injuries (simple) warrants the grant of anticipatory bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 189(2), 190, 303(2), 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- assault
- land dispute
- Bhartiya Nayay Sanhita
- simple injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25867 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Ram Sabad Rai S/o Late Heera Rai R/o Vill- Bairiya, P.S.- Kesariya, Distt-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-04-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Kesariya P.S. Case No. 364 of 2025 instituted under
Sections 189(2), 126(2), 115(2), 109, 117(2), 118(1), 76, 303(2),
190 of the Bhartiya Nayay Sanhita, 2023 lodged on 08.08.2025
by the informant, Anita Devi.
3. As per the prosecution story, the allegation is that
due to land dispute, Manish Kumar gave farsa blow to Rajdeo
Rai, the informant’s father-in-law, this petitioner assaulted both
the husband as also brother-in-law causing injury on their head.
Allegation against Nitesh Kumar and Avnish Kumar is of
assaulting father-in-law as a result whereof, the hand and legs
were fractured. Further case of outraging the modesty and
snatching chain is also there. This led to the FIR.
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4. Learned counsel for the petitioner submits that
there is case and counter case. Though, allegation of assault is
on this petitioner. With the help of injury report, it has been
shown that the injuries have been found be simple in nature.
5. Learned APP as also learned counsel for the
informant opposes the prayer submitting that allegation of
assault is there and further, the case of Manish Kumar stands
rejected in Cr. Misc. No. 6494 of 2026.
6. Having heard the parties and perusing the record,
thought the case of Manish Kumar stands rejected, as recorded
above, the allegation against him is of assaulting the father-in-
law of the informant by farsa.
7. So far as this petitioner is concerned, the injuries
inflicted to the husband and brother-in-law have been found to
be simple in nature.
8. Considering the submissions aforesaid, this Court
is inclined to extend him the privilege of anticipatory bail.
9. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Kesariya P.S. Case No.
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364 of 2025 to the satisfaction of learned Judicial Magistrate-1st
Class, East Champaran, Motihari subject to the conditions as
laid down under Section 438(2) of the Cr.P.C. as also the other
conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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