Patna High Court
Ramk Ekbal Prasad Sah @ Ram Ekwal Prasad Sah @ Ram Ekbal SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to petitioner 1 and denied to petitioner 2.
Summary
The petitioners, Ramk Ekbal Prasad Sah and Surendra Kumar, were implicated in a FIR alleging assault with an iron rod and several other offences under the Bharatiya Nyaya Sanhita. They applied for anticipatory bail, claiming innocence and a clean antecedent, while the State opposed the bail on the ground that petitioner 2 caused a grievous injury. The Court examined the nature of the allegations and the seriousness of the injury inflicted. It held that anticipatory bail could not be granted to petitioner 2 due to the grievous nature of the injury, but granted anticipatory bail to petitioner 1, who was only alleged to be an order‑giver with no overt act. The bail for petitioner 1 was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to petitioner 1 who is alleged only to have given orders.
- Whether anticipatory bail should be granted to petitioner 2 who allegedly caused grievous injury.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 125, 126(2), 191(2), 191(3), 303(2), 329(3), 3(5), 351(2), 352
Subjects
- anticipatory bail
- grievous injury
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85958 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- BELA District- Sitamarhi
======================================================
1. Ramk Ekbal Prasad Sah @ Ram Ekwal Prasad Sah @ Ram Ekbal Sah Son
of Late Mahanth Sah Resident of Bhishwa Bajar, P.S.- Bela, District-
Sitamarhi.
2. Surendra Kumar @ Surendra Sah Son of Bechu Sah @ Baiju Sah Resident
of Purandaha Rajwara, P.S.- Sonbarsa, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Madhubala Verma, Advocate
For the Opposite Party/s : Ms. Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 329(3),
125, 126(2), 115(2), 109(1), 303(2), 352, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per F.I.R., on the order of petitioner no. 1,
petitioner no. 2 assaulted on the head of husband of informant
with iron rod.
4. Learned counsel for the petitioners submits that
petitioners are innocent. Petitioner no. 1 is only alleged to be
order giver and there is no allegation of any overt act against
him. Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.85958 of 2025(2) dt.07-01-2026
2/2
5. Learned counsel for the State opposed the bail
application and submits that injury caused by petitioner no. 2 is
grievous in nature.
6. In view of the fact that petitioner No. 2 caused
grievous injury, prayer for anticipatory bail of petitioner No.
2 is refused. However, considering the nature of accusation
against petitioner No. 1 the anticipatory bail with regard to
petitioner No. 1 is allowed and it is ordered that the above
named petitioner No. 1 in the event of his arrest/surrender
before the court below within a period of eight weeks from
today, 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 Sub-Divisional Judicial Magistrate,
Pupri, Sitamarhi in connection with Bela P. S. Case No. 178 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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