Patna High Court
Ramdeo Prasad @ Ramdev PrasadversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner, subject to a cash bond, sureties and surrender within four weeks.
Summary
Ramdeo Prasad applied for anticipatory bail after a FIR was lodged alleging his involvement in assaulting the informant and his family, with charges under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The FIR named 13 members of the same family, and the specific allegation against the petitioner was assault on the informant’s head with a blunt object. The State and the informant opposed bail, arguing the seriousness of the offences and the injuries caused. The court examined the nature of the injuries, noting that the petitioner also sustained injuries and that there was a case‑and‑counter‑case scenario. Considering these facts, the court held that anticipatory bail could be granted subject to a cash bond and sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order directed the petitioner to surrender within four weeks and comply with the bail conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. and Section 482 BNSS despite the serious nature of the alleged offences.
- Whether the existence of a case and counter‑case and injuries to the petitioner affect the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- BNSS
- Criminal Procedure Code
- assault
- injury
- case and counter case
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58986 of 2025
Arising Out of PS. Case No.-455 Year-2024 Thana- SIRDALA District- Nawada
======================================================
Ramdeo Prasad @ Ramdev Prasad S/O Late Bundi Prasad Resident of
Village- Chapri, P.S.- Sirdalla, District- Nawada,
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the State : Mr. Ashok Kumar Singh, APP
For the Informant : Mr. Shaan Kumar, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner, learned A.P.P.
for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 118(1), 117(2), 109, 74, 352 and
351(2) of the B.N.S.
3. The allegation in the First Information Report relates
to the accused persons entering the house of the informant and
assaulting him and his family members.
4. Learned counsel for the petitioner submits that it
would be apparent from the First Information Report that the same
has been lodged against 13 persons belonging to the same family
and the specific allegation upon the petitioner is with regard to
assaulting on the head of the informant by means of Khanti,
however, the injury report has been annexed with the petition and
the same is also available in the case diary which shows that the
injury received by the informant is simple in nature caused by
Patna High Court CR. MISC. No.58986 of 2025(4) dt.21-01-2026
2/2
blunt object. It is submitted that there is case and counter case as
both sides are gotiyas and the petitioner’s side has received
grievous injury and as a matter of fact, one person even died.
5. Learned APP for the State and the learned counsel
for the informant have opposed the grant of anticipatory bail on
the basis of allegations.
6. Taking into consideration the facts and circumstances
and considering the nature of injuries attributable to the petitioner,
coupled with the existence of case and counter case and injury is
also on the side of the petitioner, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned 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 the
learned Court below where the case is pending/successor Court in
connection with Sirdalla P.S. Case No. 455 of 2024, subject to the
condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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