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Patna High Court

Sadhu Ram@ Shiv Pratap RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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