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Patna High Court

Radhe Shyam SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted to the petitioners under Section 438(2) of the Criminal Procedure Code.

Summary

The petitioners, Radhe Shyam Sah and Krishana Kumar Sah, sought anticipatory bail after an FIR (Biraul PS Case No. 226 of 2025) alleged they assaulted a complainant and attempted to outrage her modesty, while the main allegation centered on another accused, Santosh Yadav. The petitioners argued that the FIR was filed out of animosity and that they have no prior criminal record. The State opposed the bail, maintaining that the petitioners were implicated for giving fist and slap blows. The Court examined the allegations, noted the lack of antecedent, and considered that the primary charge was against Santosh Yadav, leading it to grant anticipatory bail under Section 438(2) of the Cr.P.C. with specific conditions regarding sureties, appearance, non‑tampering with witnesses, and refraining from further offences. The bail order required a bond of Rs.10,000 with two sureties and compliance with the stipulated conditions.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners under Section 438 of the Cr.P.C. given the allegations in the FIR?
  • Whether the petitioners' lack of criminal antecedent and the primary accusation against another accused justify the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Criminal Procedure Code
  • Bhartiya Nayay Sanhita
  • FIR
  • assault
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89443 of 2025
                      Arising Out of PS. Case No.-226 Year-2025 Thana- BIRAUL District- Darbhanga
                 ======================================================
           1.     Radhe Shyam Sah Son of Ramvilas R/o Neori Navtoliya, P.S. - Biraul, Dist.
                  - Darbhanga.
           2.    Krishana Kumar Sah Son of Ram Bilas Sah R/o Neori Navtoliya, P.S. -
                 Biraul, Dist. - Darbhanga.

                                                                                   ... ... Petitioner/s
                                                   Versus
                 The State of Bihar R/o Neori Navtoliya, P.S. - Biraul, Dist. - Darbhanga.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-01-2026                  Heard Mr. Ajay Kumar, learned counsel for the

                   petitioners and Mr. Jitendra Kumar Singh, learned APP for the

                   State.

                                2. The petitioners are apprehending arrest in

                   connection with Biraul P.S. Case No. 226 of 2025 instituted

                   under Sections 126(2), 115(2), 74, 303(2), 351(2), 352, 3(5) of

                   the Bhartiya Nayay Sanhita, 2023 lodged on 01.07.2025 by the

                   informant, Mamta Devi.

                                3. As per the prosecution story, the informant alleged

                   that on 30.06.2025, the informant was at her house, the accused
Patna High Court CR. MISC. No.89443 of 2025(2) dt.28-01-2026
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          persons armed variously came and assaulted her. The allegation

          against Santosh Yadav is of putting towel around the neck of

          informant’s husband and tried to pull it, as a result whereof, the

          husband became senseless. As she rushed to the place, the

          allegation is that Laxman Sah, Radhe Shyam Sah (petitioner

          no.1) and Krishana Kumar Sah (petitioner no.2) gave fist and

          slap blow and also tried to outrage her modesty. The further

          allegation against Geeta Devi is of assault and taking away the

          gold chain/amount. This led to the FIR.

                       4. Learned counsel for the petitioners submit that a

          perusal of the FIR would show that only due to animosity, the

          FIR has been lodged, in any case, main allegation is against

          Santosh Yadav of putting towel around the neck of the husband.

                       5. So far as these petitioners are concerned, the

          allegation is of giving fist/slap blow. They have no criminal

          antecedent.

                       6. Learned APP opposes the prayer submitting that the

          allegation of giving fist/slap blow is against these petitioners.

                       7. Considering the submissions of the parties as also

          the materials on record, the petitioners do not have criminal

          antecedent, the allegation mainly is against Santosh Yadav, in

          that background, this Court is inclined to extend them the
Patna High Court CR. MISC. No.89443 of 2025(2) dt.28-01-2026
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          privilege of anticipatory bail.

                       8. Let the petitioners be released on bail, in the event

          of their arrest or surrender before the subordinate court within a

          period of four weeks from the receipt of this order, on furnishing

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

          of the like amount each in connection with Biraul P.S. Case No.

          226 of 2025 to the satisfaction of learned A.J.M.-01, Biraul,

          Darbhanga subject to the conditions as laid down under Section

          438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) the petitioners shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of their

          bail bond by the Trial Court itself;

                       (iii) the petitioners shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                       (iv) the petitioners shall desist from committing any
             Patna High Court CR. MISC. No.89443 of 2025(2) dt.28-01-2026
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                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of their bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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