Patna High Court
Bharat ChaurasiaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, holding that the injuries were simple in nature and bail was appropriate under Section 482(2).
Summary
Petitioners Bharat and Shatrughan Chaurasia were named in an FIR for assaulting an informant with a khanti and garasa during a dispute over irrigation of fields. They were charged under Sections 126(2), 115(2), 352, 351(2), 109 and 3(5) of the Bihar Negotiable Substances Act, 2023. The petitioners applied for anticipatory bail, claiming innocence and that the injuries were simple, not grievous, and that a counter‑case existed. The informant opposed the bail, asserting that the assault caused a grievous injury to his nose. The court, noting the co‑villager relationship, the nature of the dispute, and the medical opinion that the injuries were simple, granted anticipatory bail subject to a bond and sureties under Section 482(2) of the Bihar Negotiable Substances Act, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Negotiable Substances Act, 2023 despite the charges of assault.
- Whether the injuries sustained by the informant constitute simple or grievous hurt for the purpose of bail considerations.
Subjects
- anticipatory bail
- assault
- simple injury
- grievous hurt
- irrigation dispute
- Section 126
- Section 115
- Section 352
- Section 351
- Section 109
- Section 3
- Section 482
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12425 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- CHAND District- Kaimur (Bhabua)
======================================================
1. Bharat Chaurasia S/O Niraj Chaurasia @ Niraj Prasad Chaurasiya R/O
Village- Baghaila, P.S-Chand, Distt- Kaimur, Presently residing at Ward
No.-11, Chakbandi Road, Bhabua, P.S- Bhabua, Distt.- Kaimur (Bhabua).
2. Shatrughan Chaurasia S/O Niraj Chaurasia @ Niraj Prasad Chaurasiya R/O
Village- Baghaila, P.S-Chand, Distt- Kaimur, Presently residing at Ward
No.-11, Chakbandi Road, Bhabua, P.S- Bhabua, Distt.- Kaimur (Bhabua).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Pathak
For the Opposite Party/s : Mr.Dilip Kumar No. 1
For the informant : Mr. Madan
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 30-04-2026 1. Heard the parties.
2. The petitioners apprehend their arrest in connection
with Chand P.S. Case No. 285 of 2025 dated 10.11.2025
registered under Section 126(2) / 115 (2) / 352 / 351 (2) / 109 /
3(5) of the B.N.S. 2023.
3. As per the allegation made in the F.I.R. on
09.11.2025 at about 04:00 P.M. the F.I.R. named accused
persons including the petitioners armed with ‘khanti’, ‘garasa’,
iron rod and ‘faruhi’ reached at the field of the informant and
started abusing him and on the orders of the co-accused / Niraj
Chaurasia, the petitioner no. 1-Bharat Chaurasia gave ‘khanti’
Patna High Court CR. MISC. No.12425 of 2026(3) dt.30-04-2026
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blow and petitioner no. 2- Shatrughan Chaurasia gave ‘garasa’
blow on the head of the informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have not committed any
offence in the manner alleged. He further submits that there is
case and counter case for an occurrence which has taken place
due to irrigation of field between the parties and scuffle took
place on the date of occurrence i.e. on 09.11.2025. According to
the petitioners, the F.I.R. of the petitioners was not accepted,
thereafter a complaint has been filed. The doctor has opined that
injuries received by the informant are simple in nature and
grievous injury caused on the nose of the informant is not
attributable to the petitioners.
5. Mr. Madan, learned counsel for the informant
vehemently opposed the prayer for anticipatory bail and submits
that there is direct allegation against the petitioners that they
assaulted with ‘khanti’ and ‘garasa’ on the head of the informant
and due to impact of the assault the nose of the informant was
also injured and the same has been described as grievous in
nature.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that both the parties
Patna High Court CR. MISC. No.12425 of 2026(3) dt.30-04-2026
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are co-villagers having dispute regarding irrigation, the
occurrence has taken place on the same date for which a
complaint case has been lodged by the side of petitioners and
injury attributable to the petitioners on head are simple in
nature, accordingly, I am inclined to grant anticipatory bail to
the petitioners.
7. Let the petitioners, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
Judicial Magistrate First, Bhabua (Kaimur) in connection with
Chand P.S. Case No. 285 of 2025 subject to the condition as laid
down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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