Patna High Court
Sudarshan RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that, given the lack of criminal antecedent and the simple nature of injuries, anticipatory bail may be granted to the accused with conditions under Section 438(2) Cr.P.C., while the application of the already arrested petitioner may be withdrawn.
Summary
The petitioners sought anticipatory bail in connection with an assault case (Kargahar P.S. Case No. 76 of 2025) alleging offences under sections 126(2), 115(2), 109, 352 and 3(5) of the BNS. The informant claimed the accused assaulted him and his family on 13.03.2025, but the petitioners argued that the allegations were omnibus, the injuries were simple, and they had no criminal antecedent. The court allowed the withdrawal of the anticipatory bail application of petitioner No. 1, who had already been arrested, and, after considering the facts, granted anticipatory bail to petitioners No. 2 to No. 7 subject to conditions including payment of Rs. 5,000 to the informant, a bail bond of Rs. 10,000 with two sureties, and compliance with conditions under Section 438(2) Cr.P.C. The court also directed the SP, Rohtas to ensure future case diaries are computerised.
Issues considered
- Whether anticipatory bail can be granted despite an omnibus allegation and simple injuries.
- Whether the conditions imposed, including payment to the informant and bail bond requirements, are permissible under Section 438(2) of the Cr.P.C.
- Whether the anticipatory bail application of a petitioner who has already been arrested can be withdrawn.
Legislation cited
- Cr.P.C. — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- omnibus allegation
- simple injury
- bail conditions
- criminal antecedent
- withdrawal of application
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66488 of 2025
Arising Out of PS. Case No.-76 Year-2025 Thana- KARAHGAR District- Rohtas
======================================================
1. Sudarshan Ram S/o- Butan Ram Village- Lenmurha PS-Kargahar Dist-
Rohtas at Sasaram
2. Muthun Ram @ Mithun Ram S/o- Sudarshan Ram Village- Lenmurha PS-
Kargahar Dist- Rohtas at Sasaram
3. Abhita Bachan @ Amitabh Bachchan @ Amitabh Ram S/o- Sudarshan Ram
Village- Lenmurha PS-Kargahar Dist- Rohtas at Sasaram
4. Pinki Devi W/o- Muthun Ram @ Mithun Ram Village- Lenmurha PS-
Kargahar Dist- Rohtas at Sasaram
5. Punam Devi @ Punam Kumari W/o- Abhita Bachan @ Amitabh Bachchan
@ Amitab Village- Lenmurha PS-Kargahar Dist- Rohtas at Sasaram
6. Lagarhi Devi @ Hariamuni Devi w/o- Jawahar Ram Village- Lenmurha PS-
Kargahar Dist- Rohtas at Sasaram
7. Akhilesh Ram @ Akhilesh Kumar S/o- Ram Prasidh Ram R/o- Village-
Prandihara PS-Kargahar Dist- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Kumar Deo, Adv.
Mr. Narendra Kumar, Adv.
Mr. Akash Ambuj, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 21-01-2026 Learned counsel for the petitioner prays for and is allowed
to withdraw the anticipatory bail application of petitioner no. 1,
Sudarshan Ram who has since been arrested.
2. Heard learned Counsel for the petitioners and learned
APP for the State.
3. The petitioners apprehend their arrest in connection
with Kargahar P.S. Case No. 76 of 2025 for the offence registered
under sections 126(2), 115(2), 109, 352, 3(5) of BNS lodged on
16.03.2025 by the informant, Jitan Ram.
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4. As per the prosecution story, the informant alleged that
on 13.03.2025, the accused persons came and assaulted the informant
as also the family members. As the villagers arrived, they escaped.
Later, the FIR.
5. Learned Counsel for the petitioners submit that
omnibus allegation is there against all the petitioners, they have no
criminal antecedent and the injury report do not show any of them
having received grievous injury.
6. Further, the submission is that without accepting the
allegation and/or the outcome of the present petition in view of the
fact that the informant side has alleged injuries, the petitioner nos. 2
to 7 on their own would like to jointly contribute towards the medical
assistance of Rs. 5,000/- through Demand Draft issued by the local
branch of the State Bank of India/any Nationalized Bank to be
submitted before the ‘NAZARAT’ of concerned Court to be handed
over to the informant after checking the credentials.
7. Learned APP for the State, Mr. Jitendra Kumar Singh,
on the other hand, opposes the prayer for anticipatory bail submitting
that with the common intention, the assault took place and the
number of informant’s side have received injuries.
8. Earlier, the Co-ordinate Bench called for the case diary
which is on record and a perusal of it would show that after the first
Investigating Officer, Dilip Kumar Tiwary transferred the file, the
present Investigating Officer has recorded the case diary on one go
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on 11.10.2025 and 18.11.2025 once he came to know about the
summoning of the case diary by the Patna High Court. Worse the
same has been recorded in his handwriting (instead of computer
typing) and the same is unreadable.
9. Having gone through the facts of the case and the
materials on record, as this Court has taken note of the fact that there
is omnibus allegation, injuries have been found to be simple, the
petitioners have no criminal antecedent, in that background, this
Court is inclined to grant petitioner no. 2, (Muthun Ram), petitioner
no. 3 (Abhita Bachan), petitioner no. 4 (Pinki Devi), petitioner no. 5
(Punam Devi), petitioner no. 6 (Lagarhi Devi) and petitioner no. 7
(Akhilesh Ram) the anticipatory bail with conditions subject to
payment of Rs. 5,000/- to the informant as undertaken by the learned
counsel for the petitioners to be paid by Demand Draft of local
branch of the State Bank of India/any Nationalized Bank to be
submitted to the Trial Court.
10. Let the petitioner no. 2, (Muthun Ram), petitioner no.
3 (Abhita Bachan), petitioner no. 4 (Pinki Devi), petitioner no. 5
(Punam Devi), petitioner no. 6 (Lagarhi Devi) and petitioner no. 7
(Akhilesh Ram) in the event of arrest or surrender within a period of
four weeks from the date of receipt of the order, shall be released on
anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand)
each with two sureties of the like amount each to the satisfaction of
the learned Sub-Judge-XII-cum-ACJM-IV, Sasaram, Rohtas in
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connection with Kargahar P.S. Case No. 76 of 2025 subject to
condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner no. 2, (Muthun Ram), petitioner
no. 3 (Abhita Bachan), petitioner no. 4 (Pinki Devi), petitioner no. 5
(Punam Devi), petitioner no. 6 (Lagarhi Devi) and petitioner no. 7
(Akhilesh Ram), who shall provide official document (Aadhar Card,
PAN Card, Driving License, Voter ID) to show his bona fide;
(ii) the petitioner no. 2, (Muthun Ram), petitioner no. 3
(Abhita Bachan), petitioner no. 4 (Pinki Devi), petitioner no. 5
(Punam Devi), petitioner no. 6 (Lagarhi Devi) and petitioner no. 7
(Akhilesh Ram) shall appear on each and every date before the Trial
court and failure to do so for two consecutive dates without plausible
reason will entail cancellation of his bail bond by the Trial court
itself;
(iii) the petitioner no. 2, (Muthun Ram), petitioner no. 3
(Abhita Bachan), petitioner no. 4 (Pinki Devi), petitioner no. 5
(Punam Devi), petitioner no. 6 (Lagarhi Devi) and petitioner no. 7
(Akhilesh Ram) shall in no way try to induce or promise or threat the
witnesses or tamper with the evidences, failing which the State shall
be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner no. 2, (Muthun Ram), petitioner no. 3
(Abhita Bachan), petitioner no. 4 (Pinki Devi), petitioner no. 5
(Punam Devi), petitioner no. 6 (Lagarhi Devi) and petitioner no. 7
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(Akhilesh Ram) shall desist from committing any criminal offence
again failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
11. The S.P., Rohtas at Sasaram should look into the
matter that still in his district, unreadable hand written case diaries
are being recorded at one go. It is expected that he shall be issuing
necessary instruction to all the Police Stations under his belt to
ensure that henceforth, only computerized version is sent to the High
Court.
(Rajiv Roy, J)
Vijay Singh/-
U T
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