Patna High Court

Madan RamversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court held that anticipatory bail is appropriate given the minor injury, lack of antecedents, and the dispute arising from children, and therefore granted bail subject to statutory conditions.

Summary

Madan Ram and Durgesh Kumar applied for anticipatory bail after being implicated in a case registered under Sections 341, 323, 324, 307, 379 and 504/34 of the IPC for allegedly assaulting the husband of an informant with an iron rod. The petitioners argued that the incident stemmed from a quarrel between the children of the parties and that the injury was simple in nature. The State opposed the bail. The court noted the petitioners' clean criminal record, the minor nature of the injury, and the circumstances of the dispute, and consequently granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438 of the CrPC and Section 482(2) of the B.N.S.S, 2023, including cooperation with the investigation.

Issues considered

Whether anticipatory bail can be granted under Section 438 CrPC for offences alleged under the IPC sections mentioned.
Whether the simple nature of the injury and absence of prior criminal record justify the grant of bail.
Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

B.N.S.S., 2023 — s. 482
Code of Criminal Procedure — s. 438
Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504

Subjects

anticipatory bail
Section 438 CrPC
Section 482 B.N.S.S
IPC offences
simple injury
no prior criminal record
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86474 of 2025
                  Arising Out of PS. Case No.-236 Year-2024 Thana- HARSIDHI District- East Champaran
                 ======================================================
           1.     Madan Ram Son of Janak Ram R/o village - Ghiwadhar, Ward No.- 4, P.S.-
                  Harsidhi, District - East Champaran
           2.     Durgesh Kumar Son of Madan Ram R/o village - Ghiwadhar, Ward No.- 4,
                  P.S.- Harsidhi, District - East Champaran
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nafisu Zzoha
                 For the Opposite Party/s :       Mr.Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 341, 323, 324, 307, 379, 504/34 of the

                   Indian Penal Code.

                                3. Allegation in the first information report is that the

                   petitioner no. 1 had attacked the husband of the informant by

                   means of iron rod causing injury while imputing ornamental

                   allegation against the petitioner no. 2.

                                4. Learned counsel for the petitioners submits that the

                   present occurrence took place on account of an altercation

                   between the children of both the parties and the allegation upon

                   the petitioner no. 1 has been made of assaulting the informant

                   by means of iron rod however, the injury report Annexure-2
             Patna High Court CR. MISC. No.86474 of 2025(2) dt.15-01-2026
                                                         2/2




                       reveals that the injury received by the informant’s husband is

                       simple in nature caused by hard and blunt substance.

                                    5. The application for anticipatory bail is opposed by

                       learned A.P.P. for the State.

                                    6.    Taking      into     consideration   the   facts   and

                       circumstances and also considering that the incident happened

                       on account of a dispute between the children and the injury

                       suffered is simple in nature, let the petitioners above named,

                       who have no criminal antecedent, in the event of their arrest or

                       surrender before the learned Court below within a period of four

                       weeks, be released on anticipatory bail in connection with

                       Harsidhi P.S. Case no. 236 of 2024 on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                       the like amount each to the satisfaction of the learned Court

                       below where the case is pending subject to the condition laid

                       down under Section 438(2) of the Code of Criminal

                       Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the

                       conditions that the petitioners would cooperate in the

                       investigation.



                                                 (Soni Shrivastava, J)
devendra/-
U      T

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