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Patna High Court

Hari Lal RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the B.N.S.

Summary

The petitioners, comprising Hari Lal Ram and four relatives, applied for anticipatory bail in a criminal case (Darauli PS Case No.247 of 2025) alleging offences under several sections of the B.N.S. The petitioners argued that the FIR was based on a trivial dispute over a buffalo and that they were falsely implicated, noting that some of them have clean antecedents and are women. The State opposed the bail. The court examined the allegations, the nature of the offences, and the petitioners' backgrounds, and concluded that if arrested within six weeks they should be released on anticipatory bail upon furnishing bail bonds and sureties, subject to Section 482(2) conditions. The anticipatory bail was granted with a cash bond of Rs.10,000 and two sureties each. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the FIR and their antecedents
  • Whether the allegations in the FIR sufficiently justify denial of bail

Legislation cited

  • B.N.S. — s. 109, 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76

Subjects

  • anticipatory bail
  • criminal procedure
  • B.N.S.
  • Section 482
  • false implication
  • women
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87871 of 2025
                       Arising Out of PS. Case No.-247 Year-2025 Thana- DURAULI District- Siwan
                 ======================================================
           1.     Hari Lal Ram son of Late Shivratan Ram Resident of Village- Darauli PS
                  -Darauli District- Siwan
           2.    Sugin Kumari Daughter of Harilal Ram Resident of Village- Darauli PS
                 -Darauli District- Siwan
           3.    Nitu Devi wife of Babunand Ram Resident of Village- Darauli PS -Darauli
                 District- Siwan
           4.    Malti Devi wife of Harilal Ram Resident of Village- Darauli PS -Darauli
                 District- Siwan
           5.    Anita Kumari Daughter of Harilal Ram Resident of Village- Darauli PS
                 -Darauli District- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Pandey
                 For the Opposite Party/s :       Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The learned counsel for the petitioner, at the outset,

                   submits that at Para-1, it has been inadvertently typed as Darauli

                   P. S. Case No. 247 of 2022, when it ought to have been Darauli

                   P. S. Case No. 247 of 2025, thus seeks permission to rectify the

                   same during course of the day.

                                3. Permission is accorded.

                                4. The petitioners seek bail in anticipation of their
Patna High Court CR. MISC. No.87871 of 2025(2) dt.12-01-2026
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          arrest in a case registered for the offences punishable under

          Sections 126(2), 109, 352, 351(2), 76 and 303(2) and 3(5) of the

          B.N.S.

                       5. The learned counsel for the petitioners submits that

          the petitioner nos.1, 2 5 have antecedent of one case and

          petitioner nos.3 and 4 are persons with clean antecedent and

          petitioner nos.2, 3, 4 and 5 are women and the informant alleges

          that his sister asked the accused persons to tie their buffalo at

          some other place as inconvenience is caused in crossing the

          road, on which Anita and Sugni abused her thereafter Harilal

          along with his son Babunand and Manish came and assaulted

          his mother by rod causing injury on head and fracture of hand

          and they also assaulted the informant, his sister and brother

          while Malti took chain of his mother and Babunand and Manish

          acted inappropriately with his sister.

                       6. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that on a

          trivial issue of tying the buffalo to a different place, the

          occurrence is alleged to have taken place. It is further submitted

          that no doubt, one of the injuries suffered by mother of the
               Patna High Court CR. MISC. No.87871 of 2025(2) dt.12-01-2026
                                                           3/3




                         informant is opined to be grievous, but then, allegation of

                         assaulting her is not specifically alleged against the petitioners.

                         It is also submitted that Babunand and Manish are not

                         petitioners in the instant anticipatory bail application.

                                      7. Learned A.P.P. opposes the anticipatory bail

                         application.

                                      8. Considering the submissions made by the learned

                         counsel for the petitioners, the petitioners, above-named, in the

                         event of their arrest or surrender before the learned Court below

                         within a period of six weeks, are directed to be released on

                         anticipatory bail on their furnishing bail-bonds in the sum of Rs.

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

                         like amount each to the satisfaction of the learned Trial Court

                         where the case is pending/successor Court in connection with

                         Darauli P. S. Case No.247 of 2025, subject to the conditions laid

                         down under Section 482(2) of the B.N.S.

                                      9. The application stands allowed.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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