Patna High Court
Rambabu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioners, subject to a bond of Rs.10,000 and two sureties, on the ground that the principal assault allegations were not against them.
Summary
The petitioners, three residents of Patpariya village, applied for anticipatory bail in connection with FIR No. 574 of 2025 alleging offences under the Bhartiya Nyay Sanhita, 2023. The FIR describes a violent incident in which the informant and his son were assaulted, with the primary allegation of assault directed at Bhushan Das, while the petitioners are implicated only in a general, omnibus manner. The petitioners contended that they were falsely implicated and offered to cooperate with the investigation. The State opposed the bail, arguing the FIR’s allegations against the petitioners. After hearing both sides, the Court observed that the substantive assault allegations were against Bhushan Das and not the petitioners, and therefore granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, to be surrendered within four weeks of arrest. The order directs compliance with the conditions before the Chief Judicial Magistrate, East Champaran.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR’s general allegations against them.
- Whether the specific nature of the allegations against the petitioners warrants denial of bail.
- Whether the conditions imposed (bond and sureties) are appropriate under the Bhartiya Nyay Sanhita.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 103, 109, 115(2), 117(2), 126(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- false implication
- Bhartiya Nyay Sanhita
- sections 103, 126(2), 115(2), 117(2), 109, 352, 351(2), 351(3), 3(5)
- bond and sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3813 of 2026
Arising Out of PS. Case No.-574 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Rambabu Kumar S/O Yogi Das Resident of Village- Patpariya, Police
Station- Muffasil Motihari, Distt.- East Champaran.
2. Chandan Kumar S/O Bhagelu Das Resident of Village- Patpariya, Police
Station- Muffasil Motihari, Distt.- East Champaran.
3. Bhagelu Das S/O Bigu Das Resident of Village- Patpariya, Police Station-
Muffasil Motihari, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioners in this application pray for grant
of anticipatory bail apprehending their arrest in connection with
Motihari Mufassil P.S. Case no. 574 of 2025 registered for the
offence punishable under sections 103, 126(2), 115(2), 117(2),
109, 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyay
Sanhita, 2023.
3. As per the prosecution case, the six named
accused persons including the petitioners herein are said to have
come variously armed. The informant states that they started to
hurl abuses. On protest by the informant, Bhagelu Das is said to
Patna High Court CR. MISC. No.3813 of 2026(2) dt.28-01-2026
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have forcibly taken the informant where after Bhushan Das
struck him with an iron rod as a result of which he sustained
injuries in his right hand. Thereafter Chandan Kumar and
Santosh Kumar assaulted with lathi and rod. On the son of the
informant coming to his rescue, it is stated that Bhushan Kumar
struck him with an iron rod on the head as a result of which, he
fell down unconscious. On hulla being raised, the accused
persons went away giving threats.
4. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the case. There is
case and counter case between the parties. The allegation of the
assault is on Bhushan Das. On others including the petitioners
herein, the allegations are general and omnibus in nature. The
allegation of the assault on the son of the informant is not on the
petitioners herein but on Bhushan Das. The petitioners
undertake to cooperate in the investigation/trial.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioners in
the FIR, allegation of assault being mainly on Bhushan Das and
not the petitioners herein, in the facts of the case, it is directed
Patna High Court CR. MISC. No.3813 of 2026(2) dt.28-01-2026
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that the petitioners, above named, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Motihari Mufassil P.S. Case no. 574 of 2025 on each of them
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, East Champaran,
Motihari.
(Partha Sarthy, J)
Bibhash
U T
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