Created by Fuzzy Cloud

Patna High Court

Rambabu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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


Continue reading with your account

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

Sign in to read

Checking your session…

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