Patna High Court
Radhe Shyam SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bhartiya Nayay Sanhita, 2023 — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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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