Patna High Court
Chiranjeet Kumar @ Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail must be granted as the injuries were simple and there was no prima facie intention to cause death.
Summary
The petitioners, Chiranjeet Kumar and his son Prince Kumar, were arrested in connection with a FIR alleging assault with a rod and the butt of a pistol, causing bodily injuries and allegedly intended to cause death, arising from a long‑standing land dispute. The FIR invoked Sections 126(2), 115(2), 117(2), 109(1), 352 and 303(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioners contended that they were falsely implicated, that the injuries were simple in nature, and that there was no intention to cause death. The learned APP opposed bail. The court, after noting the simple nature of the injuries and the lack of prima facie evidence of murderous intent, ordered the release of both petitioners on bail, subject to a bond of Rs.10,000 each and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS.
Issues considered
- Whether the petitioners are entitled to bail despite the serious charges under the Bhartiya Nyaya Sanhita.
- Whether the facts disclosed in the FIR establish a prima facie intention to cause death.
- Whether the land‑dispute background renders the allegations against the petitioners false or mala fide.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- assault
- land dispute
- Bhartiya Nyaya Sanhita
- intention to cause death
- Criminal Procedure Code
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10725 of 2026
Arising Out of PS. Case No.-810 Year-2024 Thana- KADAMKUAN District- Patna
======================================================
1. Chiranjeet Kumar @ Satish Kumar, S/o Late Ram Sundar Lal Yadav
2. Prince Kumar, S/o Chiranjeet Kumar @ Satish Kumar
Both are resident of Park Road, Kadamkuan, P.S.- Kadamkuan, Distt.-
Patna.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Neeraj, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and
apprehending their arrest in connection with Kadamkuan P.S.
Case No.810 of 2024 registered under Sections 126(2),
115(2), 117(2), 109(1), 352 and 303(2) read with 3(5) of
the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).
3. As per FIR, the petitioners alleged to assault the
informant by using rod and butt of pistol causing head and
bodily injuries, where assault was alleged to be made with
intention to cause his death. The occurence alleged to be
arising out of land dispute.
Patna High Court CR. MISC. No.10725 of 2026(2) dt.23-02-2026
2/3
4. It is submitted by learned counsel appearing for
petitioners that the petitioners appears falsely implicated in
present case in the background of land dispute, as the parties
are in litigating terms since year 1964. It is submitted that
one title suit bearing No.39/1964 is pending before learned
Sub-Judge, Patna. It is pointed out that the injuries as alleged
to be caused by petitioners upon medical examination found
simple in nature in view of Annexure-4 of present bail petition
and moreover the petitioner no.2 was alleged to assault with
butt of pistol, having all occasions to cause firearm injuries,
which also negates prima facie that he was not under
intention to cause death of the informant.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as prima facie present occurrence took
place in the background of land dispute, where upon medical
examination, the injuries found simple in nature prima facie
negating intention to cause death, accordingly, both
petitioners, above-named, are directed to be released on bail,
in the event of their arrest or surrender in the court below
Patna High Court CR. MISC. No.10725 of 2026(2) dt.23-02-2026
3/3
within a period of four weeks, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Patna in connection with
Kadamkuan P.S. Case No.810 of 2024, subject to the
conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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