Patna High Court
Ramnivash PrasadversusThe State Of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court denied anticipatory bail to three petitioners due to the unexplained delay, but granted anticipatory bail to Ramnivash Prasad on account of his advanced age and medical condition.
Summary
The petitioners, Raju Kumar, Amrenda Kumar, Ramnivash Prasad and Sudhakar Prasad, sought anticipatory bail in connection with FIR No. 244/2013 that alleged offences under several IPC sections. They claimed innocence, an alibi and argued that the police never sent them to trial, asserting that the case was effectively closed. The High Court noted that the applications were filed 11‑12 years after cognizance was taken and that no satisfactory explanation for the delay was provided. Consequently, the Court refused anticipatory bail to Raju Kumar, Amrenda Kumar and Sudhakar Prasad. However, considering the advanced age (80 years) and paralysis of Ramnivash Prasad, the Court granted him anticipatory bail subject to a bond of Rs.10,000 with two sureties and a four‑week surrender period, under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted after an inordinate delay of 11‑12 years without a cogent explanation.
- Whether the petitioners are entitled to bail given the alleged offences and the lack of trial proceedings.
- Whether the age and health condition of a petitioner justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 447, 504
Subjects
- anticipatory bail
- delay in filing
- alibi defence
- IPC offences
- age and health considerations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53982 of 2025
Arising Out of PS. Case No.-244 Year-2013 Thana- GHORASAHAN District- East
Champaran
======================================================
1. Raju Kumar @ Dhirendra Kumar S/O Ram Nivas Prasad R/O Village-
Chanari, PS- Jitna, District- East Champaran, Motihari
2. Amrenda Kumar @ Guddu S/O Late Ram Kripal Prasad R/O Village-
Chanari, PS- Jitna, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 56667 of 2025
Arising Out of PS. Case No.-244 Year-2013 Thana- GHORASAHAN District- East
Champaran
======================================================
1. Ramnivash Prasad S/O Late Jawahar Prasad R/O Vill.- Chanari, P.S.- Jitna,
District- East Champaran, Motihari
2. Sudhakar Prasad S/O Ram Kripal Prasad R/O Vill.- Chanari, P.S.- Jitna,
District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 53982 of 2025)
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Parmanand Kumar
(In CRIMINAL MISCELLANEOUS No. 56667 of 2025)
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 06-04-2026 1. Heard the parties.
2. Since both these applications arise out of the same
F.I.R., as such, both are taken up together and are being
Patna High Court CR. MISC. No.53982 of 2025(4) dt.06-04-2026
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disposed of by this common order.
3. The petitioners apprehend their arrest in connection with
Ghorasahan (Jitna) P.S. Case No. 244 / 2013 dated 03.07.2013
registered under section 341 / 447 / 323 / 324 / 307 / 379 /
504 / 34 of the I.P.C.
4. As per the prosecution case on 13.06.2013 at about
10:30 hours the informant reached at his home where quarrel
took place between the family members and started scolding his
family members, in the meantime, the co-accused / Ram Niwas
Prasad (petitioner no. 1 in Cr. Misc. No. 56667 / 2025) armed
with ‘Farsa’ came there and assaulted on his head due to which
he sustained head injury. The co-accused / Sudhakar Kumar
(petitioner no. 2 in Cr. Misc. 56667 / 2025) gave a blow of
‘Bhala’ due to which he sustained injury on this hand. The
petitioner no. 1 in Cr. Misc. No. 53982 / 2025 was waiving
Nalkatwa and the petitioner no. 2 - Amrendra Kumar @ Guddu
of Cr. Misc. No. 53982 / 2025 assaulted him with ‘Lathi’ due to
which he sustained injury on his right shoulder and head and he
also took out Rs. 1,000/- from the pocket of the informant.
5. Learned counsel for the petitioners submits that
petitioners are innocent and have not committed any offence in
the manner alleged. During course of investigation, the
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petitioners were not sent up for trial by the Police and the Police
submitted Charge- Sheet No. 35 / 2013 on 31.12.2013. The
learned court below took cognizance against the petitioners on
18.11.2014 under section 341, 323, 324, 307 & 504 / 34 of the
I.P.C. Taking plea of alibi, learned counsel submits that the
petitioners were not present at the place of occurrence. The
petitioners are having no criminal antecedent.
6. I have heard learned counsel for the petitioner and
perused the materials on record.
7. After 12 years of the order taking cognizance the
petitioners have come for anticipatory bail. A Co-ordinate
Bench of this Court had granted time to the petitioners on
29.08.2025 to file supplementary affidavit bringing on record
the order- sheet of the learned court below explaining the delay
of 11 years in moving for anticipatory bail but learned counsel
for the petitioners has not given any cogent reason and submits
that since final form was submitted by the police in 2013
exonerating the petitioners from charges and not sending them
for trial and the learned Magistrate differed with the final form
in the year 2014, the petitioners were under impression that the
case has come to an end.
8. Considering the fact that petitioners have moved before
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this Court after lapse of about 11 / 12 years of the order taking
cognizance for grant of anticipatory bail and no reason has been
assigned for delay, accordingly, I am not inclined to grant
anticipatory bail to the petitioner nos. 1 & 2 namely, Raju
Kumar @ Dhirendra Kumar & Amrenda Kumar @ Guddu in Cr.
Misc. No. 53982 / 2025 and the petitioner no. 2- Sudhakar
Prasad in Cr. Misc. No. 56667 / 2025. The same rejected.
9. Insofar as prayer for anticipatory bail of the petitioner
no. 1 in Cr. Misc. No. 56667 / 2025 is concerned, learned
counsel submits that petitioner no. 1 is of advance age of 80
years and he has been suffering from paralysis.
10. Considering the medical condition and advance age of
the petitioner no. 1 - Ramnivash Prasad, I am inclined to grant
anticipatory bail to the petitioner no. 1 in Cr. Misc. 56667 /
2025.
11. Let the petitioner no. 1 (Ramnivash Prasad) in Cr.
Misc. No. 56667 of 2025 be released on anticipatory bail in the
event of arrest or surrender before the court below 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 S.D.J.M., Sikarhana at Dhaka,
East Champaran in connection with Ghorasahan (Jitna) P.S.
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Case No. 244 / 2013 subject to the condition as laid down under
Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
U T
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