Patna High Court

Ram Babu Singh @ Ram Babu BhaktversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail is granted to the petitioners subject to the conditions of Section 438(2) of the Code of Criminal Procedure.

Summary

The petitioners, six residents of Saidpura in Siwan district, applied for anticipatory bail in connection with Andar (M.H. Nagar) Police Station Case No. 09 of 2025, which alleges offences under sections 126(2), 115(2), 109(1), 352 and 351(2) of the B.N.S., 2023. The victim alleges that the petitioners assaulted him, although their names were not originally mentioned in the FIR and were later identified by the victim. The principal issue was whether the petitioners were entitled to anticipatory bail under Section 438(2) of the Code of Criminal Procedure despite the serious nature of the alleged offences. The Court examined the facts, noted the late identification of the accused, and considered the statutory provisions governing anticipatory bail. It concluded that bail could be granted subject to conditions, and ordered that each petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount. The order was made subject to compliance with the conditions laid down under Section 438(2) CrPC.

Issues considered

Whether anticipatory bail under Section 438 CrPC is appropriate for the alleged offences under the B.N.S., 2023
Whether the late disclosure of the petitioners' names in the FIR affects their right to anticipatory bail

Legislation cited

B.N.S., 2023 — s. 109(1), 115(2), 126(2), 351(2), 352
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
section 438 CrPC
assault
B.N.S. 2023
bail bond
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50215 of 2025
                         Arising Out of PS. Case No.-9 Year-2025 Thana- AANDAR District- Siwan
                 ======================================================
           1.     Ram Babu Singh @ Ram Babu Bhakt S/O Late Shiv Prasan Singh R/O
                  Village- Saidpura, P.S- M.H. Nagar, Dist.- Siwan.
           2.    Surendra Singh S/O Late Ganesh Bhagat R/O Village- Saidpura, P.S- M.H.
                 Nagar, Dist.- Siwan.
           3.    Shashikant Singh S/O Ram Babu Singh @ Ram Babu Bhakt R/O Village-
                 Saidpura, P.S- M.H. Nagar, Dist.- Siwan.
           4.    Manjeet Kumar @ Manjeet Kumar Singh @ Saheb S/O Lal Babu Singh R/O
                 Village- Saidpura, P.S- M.H. Nagar, Dist.- Siwan.
           5.    Sharda Devi W/O Lal Babu Singh R/O Village- Saidpura, P.S- M.H. Nagar,
                 Dist.- Siwan.
           6.    Raj Vanti Devi W/O Ram Babu Singh @ Ram Babu Bhakt R/O Village-
                 Saidpura, P.S- M.H. Nagar, Dist.- Siwan.

                                                                                   ... ... Petitioners
                                                         Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners        :        Mr. Javed Aslam, Advocate
                 For the State              :        Mr. Pronoti Singh, APP
                 For the Informant          :        Mr. Umesh Lal Verma, Advocate
                                                     Mr. Akhileshwar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   19-02-2026                    Heard learned counsel for the parties.

                                       2.       This application for anticipatory bail arises

                   out of Andar (M.H. Nagar) P.S. Case No.09 of 2025 for the

                   offence punishable under sections 126(2), 115(2), 109(1), 352,

                   351(2) of the B.N.S., 2023.

                                       3.       The petitioners are said to have assaulted the

                   victim.

                                       4.       The petitioners are not named in the F.I.R. as
          Patna High Court CR. MISC. No.50215 of 2025(6) dt.19-02-2026
                                                      2/2




                    the assailants but subsequently, their names have been disclosed

                    by the victim.

                                    5.      Considering         the      aforesaid   facts,   this

                    application is allowed.

                                    6.      Let the petitioners, above named, in the

                    event of their arrest/surrender within six weeks from today in

                    the Court below, be released on bail on furnishing bail bond of

                    Rs. 10,000/- (Ten Thousand) each with two sureties of the like

                    amount each to the satisfaction of the learned Judicial

                    Magistrate, 1st Class, Siwan / concerned Court below, in

                    connection with Andar (M.H. Nagar) P.S. Case No.09 of 2025,

                    subject to the conditions as laid down under Section 438(2) of

                    the Code of Criminal Procedure.



                                                            (Sandeep Kumar, J)

pawan/-

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