Patna High Court
Om Babu Sah @ Om Babu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioners, Om Babu Sah, Ram Babu Sah and Lavkush Sah, applied for anticipatory bail fearing arrest in a case (Ekma P.S. No. 338 of 2025) alleging assault on an informant under several sections of the B.N.S. The prosecution alleges that the accused brutally assaulted the informant with a kulhadi, causing a head injury, while the petitioners contend that the injury was simple, the allegations are false, and they have a clean antecedent. The State opposed the bail, arguing the seriousness of the alleged offences. The Court examined the submissions and, applying Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S.S., granted anticipatory bail subject to a Rs.10,000 bail bond, two sureties, and specific conditions regarding court attendance and conduct. The order also directed verification of the petitioners' criminal antecedents but stipulated that bail should not be delayed for that purpose. The Court clarified that its observations would not affect the trial proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC.
- Whether the allegations of assault justify denial of bail.
- Whether the petitioners' claim of a clean antecedent affects the bail decision.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure
- assault
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6328 of 2026
Arising Out of PS. Case No.-338 Year-2025 Thana- EKMA District- Saran
======================================================
1. Om Babu Sah @ Om Babu Kumar S/o Dhruv Sah R/o Village - Parsa Garh
Bazar, P.S. - Ekma, District - Saran
2. Ram Babu Sah @ Jitendra Sah S/o Dhruv Sah R/o Village - Parsa Garh
Bazar, P.S. - Ekma, District - Saran
3. Lavkush Sah @ Lavkush Kumar S/o Lalan Sah R/o Village - Parsa Garh
Bazar, P.S. - Ekma, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with
Ekma P.S. Case No. 338 of 2025 registered for the offences under
Sections 126(2), 115(2), 118(1), 109 and 3(5) of the B.N.S.
3. As per the prosecution story, the allegation against the
petitioners is that they along with others brutally assaulted the
informant. It is specifically alleged that petitioner no. 2, namely, Ram
Babu Sah @ Jitendra Sah assaulted the informant with a kulhadi,
causing head injury.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in the present case and that
Patna High Court CR. MISC. No.6328 of 2026(2) dt.04-02-2026
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no such occurrence as alleged has occurred. It is further submitted
that from perusal of the F.I.R., it would be evident that the injury
sustained by the informant was found to be simple in nature caused
by a hard and blunt substance. However, the allegation made in the
F.I.R. does not corroborate with the nature of injuries sustained by
the informant. It is lastly been submitted that the petitioners carry
clean antecedent.
5. Learned APP for the State has vehemently opposed the
prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioners above named be released
on anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of four weeks from today, on
furnishing bail bonds of Rs.10,000/-(ten thousand) each 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 Ekma P.S. Case No. 338 of 2025 subject to the conditions as
laid down under Section 438(2) of the Code of Criminal Procedure
read with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioners shall be their
close relative.
(ii) The petitioners shall remain physically present in
Court on each date of the trial.
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(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the Court
concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioners and in case at any stage it
is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the present application stands allowed of.
8. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
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