Patna High Court
Sandeep Kumar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court conditionally granted pre‑arrest bail, subject to a final injury report and verification of the petitioner’s criminal antecedents.
Summary
Sandeep Kumar Ram applied for pre‑arrest bail in a case (Mahmadpur P.S. Case No. 15 of 2026) alleging his involvement in an assault on an informant, causing a head injury. The FIR charges him under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the BNS. The petitioner claimed innocence, arguing that the medical report described the injury as simple and not life‑threatening. The State opposed bail. The High Court directed the District Court to obtain the final injury report and, if the injury is not fatal, to release the petitioner on bail with a Rs 10,000 bond and two sureties, subject to verification of any other pending criminal cases and compliance with Section 482(2) of the BNSS. The bail application was disposed of with these conditions.
Issues considered
- Whether pre‑arrest bail should be granted in a case of alleged assault causing head injury.
- Whether the seriousness of the injury and the pending criminal antecedent affect the grant of bail.
Legislation cited
- Bihar Negotiable (BNS) — s. 109, 115(2), 118(1), 126(2), 3(5)
- Bihar Negotiable Special (BNSS) — s. 482(2)
Subjects
- pre‑arrest bail
- assault
- injury report
- Section 482
- criminal antecedent
- conditional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30246 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- MOHAMMADPUR District- Gopalganj
======================================================
Sandeep Kumar Ram, S/O Kishore Ram, R/O Village - Mahmadpur, P.S-
Mahmadpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard Mr. Anirudh Kumar Sinha, learned counsel
appearing on behalf of the petitioner and Mr. Jitendra Kumar
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Mahmadpur P.S. Case No. 15 of 2026 registered for the
offence punishable under Sections 126(2), 115(2), 118(1), 109
and 3(5) of the BNS.
3. As per the allegation made in the FIR, petitioner
along with other co-accused persons, had assaulted the
informant and his family members, causing head injury to the
informant. Specific allegation against the petitioner is that he
had assaulted on the head of the informant by means of Farsa.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.30246 of 2026(2) dt.13-05-2026
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been implicated in the present case. Specific allegation against
the petitioner is that he had assaulted on the head of the
informant by means of Farsa causing head injury, however, the
same has been opined by the doctor to be simple in nature and
in this regard, he has made a specific statement in paragraph no.
9 of the bail application. On these grounds, petitioner seeks to
be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, the fact that specific allegation in the
FIR against the petitioner that he is the one, who had assaulted
on the head of the informant causing injury, which was finally
opined by the doctor to be simple in nature, learned District
Court is directed to call for the final injury report and if the
injury attributable to the petitioner is not found fatal to the life
of the informant, then in that case, the petitioner, above named,
is directed to be released on pre-arrest bail, in the event of
his/her arrest or surrender before the learned District Court
within a period of four weeks from today, 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 District
Patna High Court CR. MISC. No.30246 of 2026(2) dt.13-05-2026
3/3
Court where the case is pending, in connection with Mahmadpur
P.S. Case No. 15 of 2026, subject to the condition as laid down
under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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