Patna High Court
Pappu PatelversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions imposed under Section 438(2) of the Cr.P.C.
Summary
Petitioners Pappu Patel and Munna Sharma sought anticipatory bail fearing arrest in a case registered under the Bharatiya Nyaya Sanhita, 2023 for alleged assaults on the informant's family. The prosecution alleged that Patel instigated an assault on Bittu Rai, who then injured Muniya Devi, while Sharma assaulted the informant with a lathi, resulting in simple injuries. The petitioners contended that the allegations were exaggerated and that they have no prior criminal record. The State opposed bail, noting the existence of injuries, albeit simple. Considering the lack of antecedent, the nature of injuries, and the petitioners' cooperation, the Court exercised its power under Section 438(2) of the Cr.P.C. to grant anticipatory bail with stringent conditions, including surety, regular court appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature of injuries and the petitioners' clean criminal record justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 324(4), 329(3), 3(5), 351(2), 352
- Criminal Procedure Code, 1908 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Bharatiya Nyaya Sanhita
- assault
- simple injury
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68355 of 2025
Arising Out of PS. Case No.-31 Year-2025 Thana- SIDHWALIYA District- Gopalganj
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1. Pappu Patel S/o- Vashishth Patel Resident of village - Bucheya Jairam Das
Ke Tola, P.S. Sidhwalia, District - Gopalganj
2. Munna Sharma S/o- Shiv Ji Sharma Resident of village - Bucheya Jairam
Das Ke Tola, P.S. Sidhwalia, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 11-02-2026 Heard the parties.
2. The petitioners are apprehending arrest in
connection with Sidhwaliya P.S. Case No. 31 of 2025 for an
offence u/s 329 (3), 126 (2), 115 (2), 109, 324 (4), 352, 351 (2),
3 (5) of Bharatiya Nyaya Sanhita 2023 lodged on 06.02.2025 by
the informant, Birendra Sharma.
3. As per the prosecution story, on the small issue of
playing vulgar sons and opposition to it, the allegation of attack
is there against the accused persons.
4. It is alleged that Pappu Patel gave Farsa to Bittu
Rai who gave the said blow to Muniya Devi, the wife of the
informant. Ravi Rai assaulted the pregnant daughter-in-law of
the informant while Munna Sharma assaulted the informant by
‘lathi’. They were shifted to Sadar Hospital and then the FIR.
5. Learned counsel for the petitioners submit that only
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to exaggerate, the allegations have been made. The injuries have
been found to be simple in nature.
6. Learned APP opposes the prayer submitting that
though simple injuries are there.
7. Considering the submissions of the parties as also
that the petitioners do not have criminal antecedent, the injuries
have been found to be simple in nature, in that background, this
Court is inclined to extend them the privilege of anticipatory
bail.
7. Let the petitioners be released on bail, in the event
of their arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each in connection with Sidhwaliya P.S. Case
No. 31 of 2025 to the satisfaction of learned Judicial Magistrate-
1st Class, Gopalganj subject to the conditions as laid down
under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
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before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark their
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioners 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;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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