Ramchandra sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ramchandra sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application qua petitioner nos. 1 and 2 dismissed as withdrawn (permission to withdraw accorded); petitioner no. 3 (Laxman Sah) granted anticipatory bail in Kalyanpur P.S. Case No. 374 of 2024 - to be released upon arrest or surrender within four weeks before the learned court below on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned ACJM-12, East Champaran, Motihari, subject to conditions under Section 438(2) CrPC / 482(2) BNSS, 2023.

Issue for consideration

Whether permission should be granted to the learned counsel for the petitioners to withdraw the anticipatory bail application in respect of petitioner nos. 1 and 2. +1 more

Court's answer

Permission was accorded to the petitioner to withdraw the anticipatory bail application in respect of petitioner nos. 1 and 2, and the application stands dismissed as withdrawn with regard to petitioner nos. 1 and 2 only.

Ratio / Principle

The Court found that the allegation of assault is against petitioner nos. 1 and 2 as well as co-accused Om Prakash Gupta, and that there is no allegation of assault against petitioner no. 3.

Key takeaways

Petitioner no. 3 was held entitled to anticipatory bail: in the event of his arrest or surrender within four weeks before the learned court below, he is to be released on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned ACJM-12, East Champaran, Motihari, in connection with Kalyanpur P.S. Case No. 374 of 2024, subject to the conditions under Section 438(2) of the CrPC / Section 482(2) of the BNSS, 2023.ratio¶24

Detailed headnote1 paragraphs

ANTICIPATORY BAIL - Bharatiya Nyaya Sanhita, 2023 - Three real brothers sought pre-arrest bail in Kalyanpur P.S. Case No. 374 of 2024 (District East Champaran) registered under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 118(1), 105, 76, 303(2), 351(2), 352 BNS, arising from an occurrence of 10.10.2024 in which the informant's son and daughter-in-law were assaulted, ornaments worth Rs. 2,00,000 were taken away, and the son later succumbed to his injuries - Qua petitioner nos. 1 and 2 the application was permitted to be withdrawn and stood dismissed as withdrawn - As against petitioner no. 3 there was no allegation of assault, the allegation of assault being against petitioner nos. 1 and 2 and co-accused Om Prakash Gupta; the parties being agnates with an admitted pathway dispute was urged by counsel - Petitioner no. 3 granted anticipatory bail: upon arrest or surrender within four weeks before the court below, to furnish bail bond of Rs. 10,000 with two like sureties to the satisfaction of ACJM-12, East Champaran, Motihari, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41345 of 2025

Arising Out of PS. Case No.-374 Year-2024 Thana- KALYANPUR District- East Champaran

======================================================

Ramchandra sah Son of Late Ashrif Sah @ Asfi Sah Resident Of VillageKhokhra Ward No 11, Ps- Khalyanpur District- East Champaran (Motihari)

Jilajit Sah @ Jilajeet Sah Son of Late Ashrif Sah @ Asfi Sah Resident Of Village- Khokhra Ward No 11, Ps- Khalyanpur District- East Champaran (Motihari)

Laxman Sah Son of Late Ashrif Sah @ Asfi Sah Resident Of VillageKhokhra Ward No 11, Ps- Khalyanpur District- East Champaran (Motihari)

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 05-12-2025

After some argument, the learned counsel for the petitioner seeks permission to withdraw this anticipatory bail application in respect of petitioner nos. 1 and 2.

Permission is accorded.

The present application is accordingly, dismissed

as withdrawn with regard to petitioner nos. 1 & 2 only.

So far as the petitioner no. 3 is concerned, he apprehends his arrest in connection with Kalyanpur P.S. Case No. 374 of 2024, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 118(1), 105, 76, 303(2), 351(2), 352 of the BNS.

The prosecution case is that on 10.10.2024 at

Patna High Court CR. MISC. No.41345 of 2025(4) dt.05-12-2025 2/3

about 07:30 A.M., the FIR named accused persons including the petitioners came at the door of the informant having equipped with lathi, rod and farsa and assaulted the son and daughter-in-law of the informant, took away ornaments worth Rs. 2,00,000/. In the said occurrence, the informant’s son sustained grievous injury and in course of treatment at Motihari, Muzaffarpur and Patna, he succumbed to his injuries.

The learned counsel for the petitioner no. 3 has submitted that the petitioner is innocent and has falsely been implicated in this case. Both the parties are agnates and there is admitted dispute regarding pathway. The allegation is general and omnibus. The petitioner is a person of clean antecedent.

On the other hand, learned APP for the State has opposed the prayer for bail.

The allegation of assault is against petitioner nos. 1 and 2, as well as against co-accused Om Prakash Gupta. So far as petitioner no. 3 is concerned, there is no allegation of assault against him.

Considering the above-mentioned facts and circumstances, let the petitioner no. 3, in the event of his

Patna High Court CR. MISC. No.41345 of 2025(4) dt.05-12-2025 3/3

arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-12, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 374 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023.

(Nawneet Kumar Pandey, J)

Nirmal/- U T