Patna High Court
Harichandra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner on the basis of his clean antecedents, the minor nature of injuries, and the relationship between the parties.
Summary
Harichandra Ram was accused of assaulting the husband of his sister‑in‑law with an iron rod, invoking Sections 341, 323, 324, 354B, 379, 504, 506 and 34 of the IPC. The petitioner claimed the case was false, motivated by a property dispute, and asserted his clean antecedents. The State opposed his request for anticipatory bail. The Court, considering the familial relationship, the minor nature of the injuries, and the petitioner’s clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The order allows the petitioner to be released on bail if arrested within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC.
- Whether the familial relationship and alleged motive of a false complaint justify the grant of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 323, 324, 34, 341, 354B, 379, 504, 506
Subjects
- anticipatory bail
- false complaint
- property dispute
- assault
- IPC sections
- clean antecedents
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85603 of 2025
Arising Out of PS. Case No.-317 Year-2023 Thana- PATAHI District- East Champaran
======================================================
Harichandra Ram S/o- Late Ramayodhi Ram R/v- Jihuli Ps- Patahi Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Prateek Tandon, Advocate
For the State : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 17-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 341, 323,
324, 354B, 379, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that this
petitioner assaulted on the head of husband of informant with
iron rod.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, informant is none
else than own sister-in-law (Bhabhi) of the petitioner and due to
property dispute, this false and concocted case has been lodged.
Doctor has found the injuries, allegedly caused by this
Patna High Court CR. MISC. No.85603 of 2025(2) dt.17-01-2026
2/2
petitioner, simple in nature. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, relationship
between the parties, nature of injuries sustained by the injured
and clean antecedents of the petitioner, the prayer for grant of
anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Motihari, East
Champaran in connection with Patahi P.S. Case No. 317 of
2023, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…