Patna High Court
Fattu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioners subject to the conditions specified under the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, five residents of Shyampur Barwa, were named in FIR No. 557 of 2025 for alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 arising from a scuffle over a petty dispute. They claimed innocence, stating the incident stemmed from a heated discussion among children and that a joint compromise petition had been filed in the trial court. The State opposed their bail application. The High Court, after hearing counsel, granted anticipatory bail to the petitioners, directing them to furnish a bail bond of Rs.30,000 each and comply with conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023, including appearance before the trial court and verification of criminal antecedents. The order also stipulated cancellation of bail if conditions were breached.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged offences and the circumstances of the dispute warrant denial of bail.
- Whether the existence of a joint compromise petition influences the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 2(1)(d), 3(5), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- joint compromise
- bail conditions
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11690 of 2026
Arising Out of PS. Case No.-557 Year-2025 Thana- SUGAULI District- East Champaran
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1. Fattu Kumar S/o- Late Anand Kumar Resident of Village- Shyampur Barwa,
W.No-18, PS-Sugauli District- East Champaran
2. Mandeep Kumar S/o- Late Gagandev Patel Resident of Village- Shyampur
Barwa, W.No-18, PS-Sugauli District- East Champaran
3. Sandeep Kumar S/o- Late Gagandev Patel Resident of Village- Shyampur
Barwa, W.No-18, PS-Sugauli District- East Champaran
4. Pradduman Kumar S/o- Late Gagandev Patel Resident of Village- Shyampur
Barwa, W.No-18, PS-Sugauli District- East Champaran
5. Lalita Devi W/o- Late Gagandev Patel Resident of Village- Shyampur
Barwa, W.No-18, PS-Sugauli District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s : Mr. Bishweshwar Ram, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Sugauli P.S. Case No. 557 of 2025 lodged on
26.10.2025, for the offence punishable under Section 126(2),
115(2), 118(1), 109, 352, 351(3) & 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
5 named accused persons (all the present petitioners). The
allegation in the FIR is that on petty dispute, scuffling took
place between the informant’s side and the petitioners’ side. In
Patna High Court CR. MISC. No.11690 of 2026(2) dt.12-03-2026
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result, injury has been caused.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the informant’s side and the petitioners’
side are resident of the same village and well known to each
other. Counsel submits that the dispute has arisen between the
parties only due to the reason that hot discussion took place
among the children of the family members. Counsel submits
that realizing the same, the parties have filed joint compromise
petition before the trial court which is annexed as Annexure-P/2.
Counsel further submits that the petitioners have clean
antecedent and only on petty issue, scuffling took place which
resulted into injury.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of C.J.M., East Champaran, Motihari, in connection
Patna High Court CR. MISC. No.11690 of 2026(2) dt.12-03-2026
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with Sugauli P.S. Case No. 557 of 2025, subject to the
conditions as laid down U/s 482(2) of the B.N.S.S., 2023 with
further conditions:-
(i) one of the bailor should be the family member of
the petitioners who shall provide official document to show his
bona fide;
(ii) the petitioners shall appear before the Trial Court
on each and every scheduled date, and failure to do so for two
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of their bail bonds by the Trial
Court itself;
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioners, and in case, it is found at any
stage that the petitioners have concealed the fact about their
criminal antecedent(s), the Trial Court shall take steps for
cancellation of bail bond of the petitioners. However, the
acceptance of the bail bonds in terms of the above-mentioned
order shall not be delayed for the purpose of or in the name of
verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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