Patna High Court
Chotan Kumar @ Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Chotan Kumar, was implicated in a FIR alleging that he, along with others, forcibly took Rs.12,000, a gold ring and a locket, and was charged under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). He applied for anticipatory bail, contending that the FIR was false, the altercation stemmed from a prior dispute, the injuries reported were simple, and that although he possessed a firearm, it was not used. The State opposed the bail on the basis of the allegations in the FIR. The Court examined the nature of the injuries, the lack of prior criminal record, and the fact that the firearm was not employed, and concluded that the circumstances did not warrant denial of bail. Consequently, the Court ordered that the petitioner be released on bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order effectively grants anticipatory bail with specified conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and the nature of alleged offences under the BNSS.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352(2), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false FIR
- simple injury
- BNSS
- bail conditions
- Cr.P.C. 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13162 of 2026
Arising Out of PS. Case No.-443 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Chotan Kumar @ Himanshu Kumar Son of Lalmohan Ray Resident of
Village- Dumariya, Post- Chanchaura, P.S.- Muffasil, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Mishra, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 303(2), 352(2), 351(2) and 3(5) of the B.N.S.
3. The allegation in the First Information Report that
the petitioner, along with other co-accused persons, forcibly
snatched a sum of Rs. 12,000/- along with a gold ring and a
locket.
4. Learned counsel for the petitioner submits that an
altercation took place between the parties on account of
previous dispute and in course of the same both sides sustained
injuries for which a false FIR was filed by the informant. It has
also been pointed out from the injury report, which is Annexure-
P/2, that the injuries are simple in nature. Further the submission
is that no offence under Section 109 of the B.N.S. would be
Patna High Court CR. MISC. No.13162 of 2026(2) dt.18-03-2026
2/2
made out in view of the fact that although the petitioner was
armed with a firearm, the same was not used. The petitioner has
no criminal antecedent.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering especially that the injury is
simple in nature, let the above named petitioner, be released on
bail, in the event of his arrest or surrender before the learned
Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Chapra Muffasil P.S. Case No. 443 of
2025, subject to the condition as laid down under Section 438
(2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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