Patna High Court
Chunnu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioner subject to a bond, sureties and the condition of cooperation in the investigation.
Summary
The petitioner, Chunnu Kumar, sought anticipatory bail in connection with a case (PS Rajepur No. 246 of 2025) alleging his participation in an armed ambush that resulted in injuries to a driver and attempted murder of an informant. The FIR records allege that the petitioner assaulted the driver, based primarily on the testimony of co‑accused Arjun Sahni. The petitioner argued that the FIR merely reflects the co‑accused’s disclosure, that the only injury was to a non‑vital part of the driver’s body, and that he has no prior criminal record and will cooperate with the investigation. The State opposed the bail, contending the seriousness of the offences (Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the B.N.S.S., 2023). The Court, after weighing the facts, held that the allegations rest on the co‑accused’s statement and that the petitioner’s surrender and cooperation mitigate the risk, and therefore granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and the condition of cooperation.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. given the nature of the allegations.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the seriousness of the offences under the B.N.S.S., 2023 warrants denial of bail.
Legislation cited
Subjects
- anticipatory bail
- section 438 CrPC
- section 482 B.N.S.S.
- assault
- political violence
- co‑accused testimony
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13636 of 2026
Arising Out of PS. Case No.-246 Year-2025 Thana- RAJEPUR District- East Champaran
======================================================
Chunnu Kumar Son of Surendra Rai Resident of Village- Chakki Bhurkurwa,
P.S.- Rajepur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the State : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Rajepur P.S. Case No. 246 of 2025 in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109, 352, 351(2), 3(5) of the BNS, 2023.
3. As per allegation, while travelling for a political
program, the informant and his driver were ambushed at
Bhurkudwa Dam by armed accused persons including this
petitioner, who blocked the road to execute a planned murder.
The attackers inflicted critical head injuries on the driver with
sharp weapons and tried to shoot the informant.
4. Learned counsel for the petitioner submits that it
would be evident from the first information report itself that
Patna High Court CR. MISC. No.13636 of 2026(2) dt.18-03-2026
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there is direct allegation of assault upon one, Arjun Sahni of
giving a blow on the head of the driver due to which he received
serious injury whereafter, he even got caught on the spot. So far
as the petitioner is concerned, his name transpired in the first
information report on the basis of the disclosure made by the
said co-accused Arjun Sahni that the petitioner was also present
and he had also engaged in assault. It has further been pointed
out from the bail rejection order itself that the only person
injured is said to be the driver of the informant who received
five injuries out of which four were simple in nature and the one
grievous injury was on non-vital part of the body. It has also
been submitted that the petitioner has no criminal antecedent
and is undertaking to co-operate in the investigation.
5. Learned APP for the State has opposed the
application for anticipatory bail of the petitioner.
6. Taking into consideration the facts and
circumstances and also considering the fact that the thrust of
allegation rests upon the co-accused Arjun Sahni and upon his
disclosure, the name of the petitioner has also transpired, let the
above named petitioner, in the event of his arrest or surrender
before the learned Court below within a period of four weeks
from today, be enlarged on bail on furnishing bail bond of
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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 Rajepur
P.S. Case No. 246 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.,
subject to the condition that:
(I) The petitioner shall cooperate in the
investigation.
(Soni Shrivastava, J)
priyanka/-
U T
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