Patna High Court

Chhotan KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioners.

Summary

The petitioners, Chhotan Kumar, Raushan Kumar and Ravi Kumar, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for an alleged assault on an informant's land. The FIR records that co‑accused Nagina Rai assaulted the informant with an iron rod, while the petitioners are only mentioned in a general, omnibus manner with no specific overt act attributed to them. The petitioners argued they are innocent, have a clean antecedent and the injuries sustained were simple. The State and the informant opposed bail. Considering the lack of specific allegations against the petitioners, the minor nature of injuries and their clean record, the Court granted anticipatory bail subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted when the petitioners are implicated only in a general allegation without specific overt act.
Whether the nature of injuries and the petitioners' clean antecedent justify bail.
Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 118, 126, 3(5), 351(3), 352, 75

Subjects

anticipatory bail
Bharatiya Nyaya Sanhita
assault
clean antecedent
Section 482
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12340 of 2026
                      Arising Out of PS. Case No.-555 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
           1.     Chhotan Kumar S/o- Ram Pravesh Ray @ Pravesh Ray Village- Salempur,
                  P.S.- Lalganj, Dist- Vaishali
           2.    Raushan Kumar S/o- Drabesh Ray Village- Salempur, P.S.- Lalganj, Dist-
                 Vaishali
           3.    Ravi Kumar S/o- Nagina Ray Village- Salempur, P.S.- Lalganj, Dist-
                 Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aniket Singh, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, A.P.P.
                 For the Informant        :       Mr. Shyameshwar Kr. Singh,
                                                  Mr. Chaitanya Swaroop, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                   Heard learned counsel for the petitioners, informant

                   and the State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126, 115(2), 75, 118,

                   109, 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., all the named accused persons,

                   including these petitioners, came on the land of informant and

                   co-accused Nagina Rai assaulted on the head of informant with

                   iron rod.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence.
              Patna High Court CR. MISC. No.12340 of 2026(2) dt.24-02-2026
                                                          2/2




                        Specific accusation of assault is against co-accused Nagina Rai.

                        Allegation against these petitioners is general and omnibus and

                        there is no allegation of any specific overt act against them.

                        Injuries sustained by the injured are simple in nature. Petitioners

                        claim clean antecedent.

                                     5. Learned A.P.P. for the State as well as learned

                        counsel for the informant vehemently opposed the bail

                        application.

                                     6. Considering the nature of accusation, injuries and

                        clean antecedent, this anticipatory bail is allowed and it is

                        ordered that let the above named petitioners in the event of their

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) each with two sureties of the like

                        amount each to the satisfaction of Additional Sessions Judge-14,

                        Vaishali at Hajipur in connection with Lalganj P. S. Case No.

                        555 of 2025, subject to condition as laid down under Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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