Patna High Court
Ratan DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petitioners' application for anticipatory bail, subject to specified conditions.
Summary
The petitioners, Ratan Das and Nagina Das, sought anticipatory bail fearing arrest in a criminal case (Jale PS Case No. 219 of 2025) alleging assault under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged they assaulted an informant and caused injuries, while the petitioners contended they were falsely implicated due to familial ties with a co‑accused and that most injuries were simple, with a compromise already filed. They also disclosed two prior criminal antecedents each, for which they were on bail. The State opposed the anticipatory bail. The High Court, considering the compromise, nature of injuries, and the petitioners' willingness to cooperate, granted anticipatory bail under Section 438 of the CrPC read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, imposing specific bond and conduct conditions. The order was made subject to verification of the compromise and compliance with bail conditions, and the court clarified that its observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC read with Section 482 B.N.S.S. despite the serious nature of the offences alleged.
- Whether the existence of a compromise and the nature of injuries influence the grant of anticipatory bail.
- Whether prior criminal antecedents and current bail status preclude the issuance of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 127(2), 190(2), 191(2), 351(2), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- compromise
- prior criminal antecedents
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27068 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- JALE District- Darbhanga
======================================================
1. Ratan Das, Son of Nagendra Das, Resident of Village- Bhatpokhra, P.S.-
Jale, District- Darbhanga
2. Nagina Das, Son of Late Tetar Das, Resident of Village- Bhatpokhra, P.S.-
Jale, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 17-06-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Jale P.S. Case No. 219 of 2025, registered for
the offence(s) under Section(s) 191(2), 190(2), 126(2), 127(2),
115(2), 118(1), 117(2), 109(1), 352 and 351(2) of the Bharatiya
Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the allegation against
the petitioners is that they had assaulted the informant and
others and caused grievous injuries to them.
4. The learned counsel for the petitioners submits that
the petitioners have falsely been implicated in this case because
Patna High Court CR. MISC. No.27068 of 2026(3) dt.17-06-2026
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they are relatives of co-accused Ravi Kumar @ Ravi Das. It has
further been submitted that though there is allegation of assault
however, the injuries caused to the injured persons are found to
be simple in nature while one of the injuries caused to injured
Jay Kishore Das was found to be grievous in nature. It has next
been submitted that the parties have entered into compromise
and the compromise petition has been filed before the learned
Court below. It has lastly been submitted that both the
petitioners have two criminal antecedents each in which they are
on bail.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the submissions advanced on behalf of the
parties, let the petitioners, above-named, be released on
anticipatory bail, in the event of their arrest or surrender before
the concerned Court/successor Court within a period of four
weeks from today, on their furnishing bail bonds in the sum of
Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the concerned
Court/successor Court where the case is pending in connection
Patna High Court CR. MISC. No.27068 of 2026(3) dt.17-06-2026
3/3
with Jale P.S. Case No. 219 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure, 1973 read with corresponding Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as
subject to the following conditions :
(i) The bail bonds of the petitioners shall be accepted
by the learned concerned Court/successor Court only after
verifying the factum of compromise entered into and filed
on behalf of the parties.
(ii) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(iii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iv) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioners will be liable to be cancelled by the
concerned Court.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
deepak/-
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