Patna High Court
Sanjay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond, payment to the informant, and specified conditions.
Summary
The petitioner, Sanjay Ram, sought anticipatory bail after an FIR was lodged under several provisions of the Bhartiya Nayay Sanhita, 2023 alleging assault, robbery and outraging modesty. The prosecution alleged that the petitioner inflicted a head injury and stole money, while the petitioner claimed he had no criminal antecedent and the injury was simple as per a medical report. The petitioner also offered to pay Rs.5,000 to the informant as compensation. The State opposed the bail, contending that the allegations of assault were substantiated. The court, noting the petitioner’s clean record and the minor nature of the injury, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and several conditions including the payment to the informant and regular appearances before the court and police. The order also imposed strict conditions to prevent tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438(2) of the Criminal Procedure Code given the nature of the alleged offences.
- Whether the court may impose conditions such as payment to the informant and regular reporting as part of anticipatory bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351, 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- bail conditions
- simple injury
- Bhartiya Nayay Sanhita
- criminal antecedent
- payment to informant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.758 of 2026
Arising Out of PS. Case No.-150 Year-2025 Thana- RAJEPUR District- East Champaran
======================================================
Sanjay Ram S/o Nageshwar Ram R/o Vill- Kayari Gawa, PS- Rajepur,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Rajepur P.S. Case No. 150 of 2025 instituted under
Sections 126(2), 115(2), 109, 74, 303(2), 352, 351, 3(5) of the
Bhartiya Nayay Sanhita, 2023 lodged on 25.05.2025 by the
informant, Shobha Devi.
3. As per the prosecution story, the informant alleged
that due to previous dispute, the accused persons assembled and
abused. Upon protest, allegation against this petitioner is of
giving Farsa blow on the head causing injury. The further
allegation is of taking away the money and outraging modesty is
also there. This led to the FIR.
4. Learned counsel for the petitioner submits that the
petitioner has no criminal antecedent, exaggerated FIR is there
Patna High Court CR. MISC. No.758 of 2026(2) dt.04-02-2026
2/4
and with the help of injury report (Annexure-2), it has been
submitted that the injuries have been found to be simple in
nature by the Government Health Center, Madhuban, East
Champaran.
5. Last submission is that irrespective of the outcome
of the present case and/or accepting the allegation, the petitioner
intends to contribute Rs.5000/- to the informant through
Demand Draft issued by the local State Bank of India
branch/Any Nationalized Bank to be submitted before the
concerned Court to be handed over to the informant/injured
after checking the credential.
6. Learned APP opposes the prayer submitting that the
allegation of assault on this petitioner is there.
7. Considering the submissions of the parties as also
that the injury has been found to be simple in nature, he do not
have any criminal antecedent, in that background, this Court is
inclined to extend him the privilege of anticipatory bail subject
to payment of Rs. 5000/- to the informant through Demand
Draft issued by the local State Bank of India branch/Any
Nationalized Bank to be submitted before the concerned Court
to be handed over to the informant/injured after checking the
credential.
Patna High Court CR. MISC. No.758 of 2026(2) dt.04-02-2026
3/4
8. Let the petitioner be released on bail, in the event
of his 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) with two sureties of
the like amount each in connection with Rajepur P.S. Case No.
150 of 2025 to the satisfaction of learned Judicial Magistrate-1st
Class, Motihari Sadar, East Champaran 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 petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner 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 shall appear before the concerned
police station every fortnight for next six months to mark his
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;
Patna High Court CR. MISC. No.758 of 2026(2) dt.04-02-2026
4/4
(iv) the petitioner 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 petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
Checking your session…