Created by Fuzzy Cloud

Patna High Court

Ramadhar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.