Patna High Court
Chunchun SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioners subject to the conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, Chunchun Singh and Pramod Singh, were arrested in connection with an assault case (Garahiya Bazar P.S. Case No. 237 of 2025) alleged under several provisions of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused, along with co‑accused, attacked the informant’s husband and his brothers with knives and swords, causing injuries. The petitioners contended that they were falsely implicated due to a land‑dispute, that the injuries were minor and non‑life‑threatening, and that they have a clean antecedent and have been in custody since 22‑10‑2025. The State opposed bail, but the court considered the background dispute, the nature of the injuries, the length of custody, and the submission of the charge‑sheet. Relying on Section 480(3) of the BNSS and the petitioners’ clean record, the court ordered their release on bail with a bond of Rs 10,000 and specific conditions. The bail order was conditioned on the presence of a close relative as a surety and compliance with court dates.
Issues considered
- Whether bail should be granted to the accused under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 351(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 considering the nature of the alleged offences and the circumstances of the case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352, 480(3)
Subjects
- bail
- criminal procedure
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- clean antecedent
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1425 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- Gadhiya Bazar District- East Champaran
======================================================
1. Chunchun Singh S/O Pramod Singh Resident of Village- Khodadapur, P.S.-
Garahiya Bazar, District East Champaran, Motihari.
2. Pramod Singh S/O Late Rambahadur Singh Resident of Village-
Khodadapur, P.S.- Garahiya Bazar, District East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shashi Sharma, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Garahiya Bazar P.S. Case No. 237 of 2025
registered for the alleged offences under Sections 126(2),
115(2), 118(1), 109, 352, 351(2), 351(3) r/w 3(5) of Bharatiya
Nyaya Sanhita, 2023.
03. As per prosecution case, petitioners and other co-
accused persons assaulted the husband of the informant and his
brothers with knife, sword and farsa, causing a number of
injuries to them.
04. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.1425 of 2026(2) dt.15-01-2026
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the petitioners are innocent and have been falsely implicated in
this case. The wife of the petitioner no. 1 has filed Garahiya
Bazar P.S. Case No. 239 of 2025 against the informant side as
the informant side is agnate of the petitioners and they cut a
semal tree from the land of the petitioners, when scolded by the
petitioner no. 1, the informant side brutally assaulted him as
well his wife. Learned counsel further submits that in this
background, the present FIR has been lodged by the informant
to save his skin. The informant has exaggerated the nature of
assault and no life threatening injuries have been found on any
of the victims. The injuries are mostly lacerations on non-vital
parts and incised wounds are stated to be on middle finger and
palm of one of the victims apart from pain and body ache.
Learned counsel further submits that the petitioners are having
clean antecedent and they are in custody since 22.10.2025.
Charge-sheet has been submitted in this case.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter version and the background of land dispute
and further considering the nature of injuries stated to be
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sustained by the victims and also considering the period of
custody of the petitioners and their clean antecedent along with
submission of charge-sheet, the petitioners above named are
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
1st Class, East Champaran, Motihari/court concerned in
connection with Garahiya Bazar P.S. Case No. 237 of 2025,
subject to the conditions mentioned in Section 480(3) of BNSS
and the following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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