Patna High Court
Umesh DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners, subject to specified conditions.
Summary
The petitioners, three brothers from Fulwariya, sought anticipatory bail fearing arrest in a case (PS Case No.236 of 2025) involving alleged assault and robbery under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that on 13 May 2025 the petitioners, along with co‑accused, attacked an informant and others with weapons, causing injuries and stealing valuables. The petitioners contended that there is a case‑and‑counter‑case, the injuries to the informant were minor, the serious injury was inflicted on a co‑accused, and they have a clean antecedent. The Additional Public Prosecutor opposed the bail. Considering the mixed facts, the clean record of the petitioners, and the specific allegations against another co‑accused, the Court inclined to grant anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita. The order directs the petitioners to surrender within thirty days, furnish bail bonds, and comply with conditions regarding sureties, court appearances, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita given the allegations of assault and robbery.
- Whether the presence of a case‑and‑counter‑case and the petitioners' clean antecedent justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482
- Bharatiya Nyaya Sanhita
- assault
- robbery
- case and counter case
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6501 of 2026
Arising Out of PS. Case No.-236 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
1. Umesh Das Son of Late Seeta Das @ Late Sitaram Das Resident of Village -
Fulwariya, Ward no. 4, Nagar Parishad Chakia, Ps- Chakia, Dist- East
Champaran
2. Kundan Das @ Kundan Kumar Son of Late Jaylal Das Resident of Village -
Fulwariya, Ward no. 4, Nagar Parishad Chakia, Ps- Chakia, Dist- East
Champaran
3. Pankaj Das @ Pankaj Kumar Son of Dharamlal Das @ Bharamlal Das
Resident of Village - Fulwariya, Ward no. 4, Nagar Parishad Chakia, Ps-
Chakia, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari
For the Opposite Party/s : Mr.Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Chakia P.S. Case No.236 of 2025, F.I.R dated
14.05.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 13.05.2025 at
about 5:30 PM, the informant, Shatrughan Sah @ Shatrughan
Kumar, learned that his cousin’s grandson had been tied to a
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pole in front of the house of co-accused Pappu Das. When he
reached the spot, all the accused persons, including the
petitioners, allegedly abused and assaulted him and others with
various weapons such as farsa, iron rod, knife, bhala, gupti, and
lathi, causing injuries. It is further alleged that the accused
persons snatched gold chains, cash, and a bracelet of substantial
value from the victims. The injured persons were later rescued
by villagers and taken to Chakia Hospital, leading to the lodging
of the FIR.
4. Learned counsel for the petitioners submits that
there is case and counter case and both the sides have sustained
injuries and while specific allegation of having assaulted
Jitendra Sad @ Jitan Sah is against co-accused, namely, Pappu
Das, and as per the injury report, the injuries sustained by
Jitendra Sad @ Jitan Sah are grievous in nature while the
allegation against petitioner Nos.1 and 2 is of having assaulted
the informant, Satrudhan Kumar, on his hand and having
snatched the bracelet but the injury sustained by the informant is
simple in nature and the allegations against petitioner No.3 are
general and omnibus in nature. Lastly, it has been submitted that
the petitioners have clean antecedent.
5. Learned APP for the State opposes the prayer for
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anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that there is case and counter case and both the sides have
sustained injuries and specific allegation of having assaulted
Jitendra Sad @ Jitan Sah is against co-accused namely, Pappu
Das and the petitioners have clean antecedent. Accordingly, this
Court is inclined to grant the privilege of anticipatory bail to the
petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned J.M. 1st Class, East Champaran, Motihari, in
connection with Chakia P.S. Case No.236 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
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date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) 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 petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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