Patna High Court
Sunil Ram @ Sunil Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, given the FIR delay, simple injuries, counter‑case and the petitioner’s clean record, anticipatory bail under Section 438 Cr.P.C. is warranted.
Summary
Sunil Ram (Sunil Kumar Ram) applied for anticipatory bail after an FIR was lodged alleging that he assaulted an informant with a farsa, causing head injuries. The dispute arose over a common passage and both parties belong to the Gotia community; a counter‑case shows the accused also suffered injuries. The FIR was filed three days after the incident and the petitioner has no prior criminal record. The court noted the delay in filing the FIR, the simple nature of the injuries, and the existence of a counter‑case as mitigating factors. Applying Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S., the court ordered anticipatory bail on the condition of a Rs 10,000 bond with two sureties and surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in view of the delay in filing the FIR and the nature of the alleged offences
- Whether the simple nature of injuries and the petitioner’s clean record justify bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- delay in FIR
- simple injury
- section 438 CrPC
- criminal antecedent
- counter case
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2914 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
Sunil Ram @ Sunil Kumar Ram S/o Late Badri Ram R/o Village - Puraina
Gosai (Kharg Pokhariya), P.S - Chanpatiya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner. and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109(1), 303(2), 352, 3(5) of the B.N.S.
3. Allegation in the first information report is that the
petitioner assaulted the informant on his head by means of farsa
causing injuries.
4. Learned counsel for the petitioner submits that the
present occurrence took place on account of a dispute with
regard to common passage and the petitioner side and the
informant side are both gotiyas. It has further been submitted
that there is a case filed on the side of the accused persons
Annexure-2 which discloses the factum of dispute between the
parties and injuries having been suffered even by the side of the
accused persons. It has also been submitted that as against
Patna High Court CR. MISC. No.2914 of 2026(2) dt.28-01-2026
2/2
specific allegation of assault by farsa, the injury report as
discussed in the bail rejection order would indicate that the same
are simple in nature caused by hard and blunt object.
Furthermore, the FIR has also been lodged after a delay of three
days for which no explanation has been tendered.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the delay in the FIR, case
and counter case coupled with the simple nature of injuries, let
the above named petitioner, who has no criminal antecedent, in
the event of his arrest or surrender before the learned Court
below within a period of four weeks from today, be enlarged on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection with Chanpatiya P.S.
Case No. 238 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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