Patna High Court
Sadhu Ram@ Shiv Pratap RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed, and the petitioners are to be released on bail subject to the stipulated conditions.
Summary
The petitioners, Sadhu Ram (Shiv Pratap Rai) and his wife Dharmsheela Devi, feared arrest in a criminal case (Naya Bhojpur P.S. Case No.31 of 2025) filed under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. The police had exonerated them and filed a final form clearing them, while a charge‑sheet was filed only against three co‑accused. Despite the exoneration, the lower court took cognizance of the case and proceeded against the petitioners. The petitioners filed an application for bail, arguing that the exoneration should preclude further proceedings. The High Court, after hearing counsel, allowed the application, directing that the petitioners be released on bail with a bond of Rs.10,000 each and two sureties, subject to the conditions of Section 482 of the BNSS and Section 438(2) of the CrPC. The order was made to take effect if arrest or surrender occurs within six weeks of the judgment.
Issues considered
- Whether the petitioners are entitled to bail despite the lower court taking cognizance after their exoneration by police.
- Whether Section 482 of the Bharatiya Nyaya Sanhita and Section 438(2) of the Code of Criminal Procedure empower the court to grant bail in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- Section 438
- exoneration
- high court
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87995 of 2025
Arising Out of PS. Case No.-31 Year-2025 Thana- Naya Bhojpur District- Buxar
======================================================
1. Sadhu Ram@ Shiv Pratap Rai S/O Late Rajeshwar Ram @ Rajeshwar Rai
Resident of village-Purana Bhojpur, Ward No.12, Police Station-Naya
Bhojpur, District-Buxar.
2. Dharmsheela Devi W/O Sadhu Ram @ Shiv Pratap Rai Resident of village-
Purana Bhojpur, Ward No.12, Police Station-Naya Bhojpur, District-Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Rai Sharma, Advocate
For the State : Ms.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Naya Bhojpur P.S. Case No. 31 of 2025 instituted under
Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioners and others are said to have
assaulted the deceased and killed him.
4. The petitioners have been exonerated by the
police. So far as the petitioners are concerned, final form has
been filed exonerating them and charge-sheet has been
submitted against three co-accused. Thereafter, the learned
Court below has differed with the final form and taken
Patna High Court CR. MISC. No.87995 of 2025(2) dt.15-01-2026
2/2
cognizance.
5. Considering the exoneration of the petitioners, this
application is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate Ist Class, Court No. 6, Buxar/ concerned Court in
connection with Naya Bhojpur P.S. Case No. 31 of 2025, subject
to the conditions laid down in Section 482 of the BNSS/ 438(2)
of the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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