Patna High Court
Mintu Kumar @ Mintu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners under Section 482(2) of the BNSS.
Summary
The petitioners, three residents of Ghasipakar village, sought anticipatory bail fearing arrest in a criminal case (Chakia P.S. Case No. 328 of 2025) involving alleged assault causing simple injury under several sections of the Bihar Negotiable Substances Act, 2023. They contended that the allegations against them were vague, that the injury was minor, and that they had clean antecedents, noting that similarly situated co‑accused had previously been granted anticipatory bail. The State opposed the bail application. The Court, considering the nature of the injury and the lack of specific allegations, allowed the anticipatory bail, directing the petitioners to furnish bail bonds of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS given the nature of the alleged offence and the simplicity of the victim's injury.
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- simple injury
- criminal procedure
- Bihar
- BNSS
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12026 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
1. Mintu Kumar @ Mintu Sah Son of Late Sitaram Sah Resident of Village -
Ghasipakar, P.S. - Chakia, District - East Champaran, Bihar.
2. Sunil Kumar Son of Late Sudama Sah Resident of Village - Ghasipakar, P.S.
- Chakia, District - East Champaran, Bihar.
3. Sandip Kumar Son of Binod Sah Resident of Village - Ghasipakar, P.S. -
Chakia, District - East Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend their arrest in connection
with Chakia P.S. Case No. 328 of 2025, for offences under
Sections 115(2), 118(1), 126(2), 109, 303(2), 352, 351(2), 3(5)
of the B.N.S., 2023.
3. As per prosecution case is that the petitioners and
others FIR named accused are alleged of assaulting the victim
causing simple injury.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. It is next submitted that injury sustained by the
victim is simple in nature. There is no specific allegation of
assault or overt act is against the petitioners rather the allegation
Patna High Court CR. MISC. No.12026 of 2026(2) dt.23-02-2026
2/2
is general and omnibus. Petitioners claims clean antecedent.
Similarly situated co-accused persons have been granted
privilege of anticipatory bail by this Court vide order dated
04.02.2026 passed in Cr. Misc. No. 89446 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the above facts and circumstances of
the case and the fact that injury sustained by the victim is simple
in nature, the application for anticipatory bail stands allowed.
7. Accordingly, let the petitioners, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, East Champaran, Motihari/concerned
Court below, in connection with Chakia P.S. Case No. 328 of
2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
(Sandeep Kumar, J)
Ranjeet/-
U T
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