Toofani Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2712 of 2026 Arising Out of PS. Case No.-73 Year-2025 Thana- PIPRASI District- West Champaran ====================================================== 1.
Toofani Ram Son of Late Bachha Ram @ Bachcha Ram Resident of VillageChankuhawa, Police Station- Piparasi, District- West Champaran. 2.
Tara Devi Daughter of Toofani Ram Resident of Village- Chankuhawa, Police Station- Piprasi, District- West Champaran, permanent address- Tara Devi, Wife of Manoj Bharati, resident of Village- Lakhsanahi, Police Station- Dhanha, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Piprasi P.S. Case No.73 of 2025 registered for the offences under Sections 130(1), 126(2), 115(2), 118(1), 109(1), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioners is that they have assaulted the informant and the daughter-in-law of the informant.
4. Learned Senior counsel for the petitioners submits that from the mere perusal of the FIR, it would be evident that it has not been stated as to by which means the petitioners had
Patna High Court CR. MISC. No.2712 of 2026(2) dt.28-01-2026 2/3 assaulted the informant and her daughter-in-law. It has further been submitted that the allegations of assault on the deceased are on one Gyanti Devi, who is in custody. It has next been submitted that from perusal of the impugned order, it would be evident that no reference of any grievous injury or any injury sustained by the informant or her daughter-in-law has been referred to by the learned District and Sessions Judge. It has lastly been submitted that the petitioners carry clean antecedent.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Piprasi P.S. Case No.73 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall
Patna High Court CR. MISC. No.2712 of 2026(2) dt.28-01-2026 3/3 be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is allowed.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T