Created by Fuzzy Cloud

Patna High Court

Sandeep Kumar RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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