Patna High Court
Sandip RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court ordered the release of the petitioners on bail, subject to prescribed conditions.
Summary
The petitioners, three residents of Mansahata Hardiya, were charged under multiple sections of the B.N.S., 2023 for allegedly assaulting an informant and others cleaning a Chhath ghat, causing injuries. They claimed they were falsely implicated, alleging the informant had been pressuring them to settle a separate case and that both sides had suffered injuries of a simple nature. The State, supported by the informant’s counsel, argued that the assaults were severe, potentially life‑threatening, and highlighted the petitioners’ prior criminal antecedents. The court examined the nature of the injuries, the period of custody since 28‑10‑2025, and the submission of the charge‑sheet, and found the injuries to be simple. Consequently, the court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other standard bail conditions.
Issues considered
- Whether bail should be granted to the accused under the listed sections of the B.N.S., 2023 given the nature of the alleged assault.
- Whether the seriousness of injuries and the petitioners' prior criminal antecedents preclude bail.
- Whether the filing of the charge‑sheet and period of custody affect the bail decision.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(3), 352, 480(3)
Subjects
- bail
- assault
- criminal procedure
- injury
- antecedent
- charge‑sheet
- B.N.S. 2023
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85894 of 2025
Arising Out of PS. Case No.-536 Year-2025 Thana- BARHARIA District- Siwan
======================================================
1. Sandip Ram Son of Mohan Ram R/o Village - Mansahata Hardiya, P.S. -
Barharia, Dist. - Siwan, Bihar.
2. Monu Ram Son of Mohan Ram R/o Village - Mansahatta Hardiya, P.S. -
Barharia, Dist. - Siwan, Bihar.
3. Shailesh Ram Son of Kanhaiya Ram R/o Village - Mansahatta Hardiya, P.S.
- Barharia, Dist. - Siwan, Bihar.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Abhijeet Abhigyan, Advocate
For the State : Mr. Nawal Kishore Prasad, APP
For the Informant : Mr. Priyanshu Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 07-01-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Barharia P.S. Case No. 536 of 2025 dated
27.10.2025, registered for the offences punishable under Sections
126(2), 115(2), 109, 118(1), 303(2), 351(3) and 352 read with
Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, petitioners and other
co-accused persons assaulted the informant and other persons who
were involved in cleaning the Chhath ghat. The assailants caused a
number of injuries to their victims.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.85894 of 2025(2) dt.07-01-2026
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petitioners submits that petitioners are innocent and they have
falsely been implicated in the present case. The informant’s side
has been pressurizing the petitioners to compromise the Barharia
P.S. Case No. 154 of 2023. The informant and his associates
assaulted the petitioners and their family members, and for this
Barharia P.S. Case No. 537 of 2025 has been lodged against them.
He further submits that both the sides received injuries and injuries
of the victims are stated to be simple in nature. Learned counsel
next submits that petitioner no. 1 has antecedent of two cases
while other petitioners are having antecedent of one case each.
Learned counsel lastly submits that petitioners are in custody since
28.10.2025 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State as
well as the learned counsel for the informant oppose the
submissions made on behalf of the petitioners. Learned counsel for
the informant submits that the assault by the petitioners and other
co-accused persons is on vital part of the body of their victims and
could have been life threatening. He also submits that informant is
a practicing Advocate before the Court of Siwan.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the case
and counter case of the parties, simple nature of injury on the
victims and further considering the period of custody of the
Patna High Court CR. MISC. No.85894 of 2025(2) dt.07-01-2026
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petitioners and submission of chargesheet, the petitioners, above-
named, are directed to be released on bail, on furnishing bail bonds
of Rs.10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-III, Siwan / concerned Court,
in connection with Barharia P.S. Case No. 536 of 2025, subject
to the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three 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.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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