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Patna High Court

Umesh DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.6501 of 2026(3) dt.24-02-2026
                                            2/4




          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
Patna High Court CR. MISC. No.6501 of 2026(3) dt.24-02-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.6501 of 2026(3) dt.24-02-2026
                                                       4/4




                     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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