Patna High Court

Chandan KumarversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to petitioners No.2 and No.3 subject to a bond of Rs.10,000 and conditions under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, three residents of Neura, Patna, filed an anticipatory bail application after being implicated in a case alleging assault and outraging the modesty of an informant's daughter under several sections of the Bharatiya Nyaya Sanhita, 2023. Petitioner's No.1 withdrew his application after being arrested, and the court dismissed it as withdrawn. Petitioners No.2 and No.3 argued they were falsely implicated, citing a land‑dispute and claiming clean antecedents. The State opposed pre‑arrest bail. The High Court, after considering the facts, granted bail to petitioners No.2 and No.3, directing them to furnish a bail bond of Rs.10,000 with two sureties each, subject to conditions under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory/pre‑arrest bail should be granted to petitioners No.2 and No.3 under the Bharatiya Nyaya Sanhita, 2023.
Whether the allegations constitute sufficient ground to deny bail.
Whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is applicable to the bail order.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2)(3), 352, 74

Subjects

anticipatory bail
pre‑arrest bail
assault
outraging modesty
public land dispute
Bharatiya Nyaya Sanhita
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13690 of 2026
                         Arising Out of PS. Case No.-123 Year-2025 Thana- NEORA District- Patna
                 ======================================================
           1.     Chandan Kumar S/o- Ganesh Das R/v- Chhitrauli Ps- Neura Dist- Patna
           2.    Vikash Kumar S/o- Dularchand Ram R/v- Chhitrauli Ps- Neura Dist- Patna
           3.    Pradeep Kumar S/o- Baijnath Ram R/v- Chhitrauli Ps- Neura Dist- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjan Kumar Srivastava, Advocate
                 For the Opposite Party/s :        Mr. Nirmal Kumar Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-04-2026                  At the outset, learned counsel for the petitioners seeks

                   permission to withdraw this anticipatory bail application with

                   regard to petitioner no. 1 as he has been arrested during

                   pendency of the case.

                                2. Permission is granted.

                                3. This anticipatory bail application with regard to

                   petitioner no. 1 is, accordingly, dismissed as withdrawn.

                                4. Heard learned counsel for the parties.

                                5. Petitioner nos. 2 & 3 apprehend arrest in a case

                   registered for the offence punishable under sections 126(2),

                   115(2), 74, 109, 352, 351(2)(3) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                6. As per the prosecution case, all the FIR named
Patna High Court CR. MISC. No.13690 of 2026(2) dt.27-04-2026
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          accused persons including these petitioners abused and

          assaulted informant’s daughter and outraged her modesty.

                       7. It is submitted on behalf of the petitioners that these

          petitioners are innocent and have falsely been implicated in this

          case. As a matter of fact, over a dispute regarding use of public

          land situated near the house of co-accused Dilip Kumar, marpit

          took place between the parties in which both sides sustained

          injuries. Case and counter case. Allegation of assault and

          outraging the modesty of victim is general and omnibus and no

          specific overt act has been alleged against these petitioners.

          Petitioners claim clean antecedent.

                       8. Learned counsel for the State opposed the prayer

          for pre-arrest bail.

                       9. Considering the aforesaid facts of the case, prayer

          for bail of these petitioners is allowed. In the event of

          arrest/surrender within eight weeks from today, let petitioner

          nos. 2 & 3, mentioned above, be enlarged on bail on furnishing

          bail bond of Rs.10,000/- (ten thousand) each with two sureties

          of the like amount each to the satisfaction of Additional Chief

          Judicial Magistrate IV, Danapur Patna in Neura Police Station

          Case No. 123 of 2025, subject to the conditions laid down under
              Patna High Court CR. MISC. No.13690 of 2026(2) dt.27-04-2026
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                        Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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