Patna High Court
Ramadhar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Ramadhar Sharma, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting the son of an informant with a dab, causing a simple injury. The FIR described the incident as a case and counter‑case, and the State opposed the bail application. The court examined the nature and severity of the injury, the charges, and the risk of the petitioner absconding. Considering the injury was simple and the circumstances did not warrant denial of liberty, the court ordered bail. The petitioner was required to furnish a bail bond of Rs.10,000 with two sureties of equal amount, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted in a case involving offences under sections 126(2), 115(2), 125(a), 109(1), 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the nature of the injury and the circumstances justify denial of bail.
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 125(a), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- simple injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2596 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- AANDAR District- Siwan
======================================================
Ramadhar Sharma S/o- Late Ramayan Sharma R/v- Kodaila Ps- Ander Dist-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Irshad Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126(2), 115(2),
125(a), 109(1), 303(2), 352, 351(2) read with Section 3(5) of the
Bharatiya Nyaya Sanhita .
3 . As per F.I.R, informant alleged, that this petitioner
assaulted on the head of son of informant by means of dab due
to which he sustained injury . Doctor has found the injury
simple in nature . Case and counter case .
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, nature of injury ,
and other circumstances of the case , in the event of arrest or
Patna High Court CR. MISC. No.2596 of 2026(2) dt.11-02-2026
2/2
surrender within eight weeks from today, let the petitioner, as
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate-1st
Class, Siwan in connection with Ander P. S. Case No. 219 of
2025 , subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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