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Patna High Court

Pramod Kumar @ Pramod Kumar ChaurasiaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the offences involve grievous injury and serious charges under the Bharatiya Nyaya Sanhita, 2023.

Summary

The petitioner, Pramod Kumar, sought anticipatory bail in a case (PS Case No. 156 of 2025) alleging assault on the informant's husband and the informant herself, resulting in grievous injuries. The FIR charges him under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including offences of assault, causing grievous hurt, and criminal intimidation. The petitioner contended that he and the informant's husband are full brothers, that a panchayati settlement dated 02.02.2025 was ignored, and that he is otherwise not a criminal, offering to comply with any conditions. The informant and the State opposed bail, emphasizing the seriousness of the injuries and the pending criminal charges. After reviewing the injury report and the nature of the offences, the Court declined to grant anticipatory bail, but directed that if the petitioner surrenders within four weeks, the trial court may consider a settlement and possibly grant bail with conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the alleged offences and the grievous injuries caused.
  • Whether the existence of a panchayati settlement influences the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • grievous hurt
  • criminal procedure
  • panchayati settlement
  • Bharatiya Nyaya Sanhita
  • injury report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16687 of 2026
                       Arising Out of PS. Case No.-156 Year-2025 Thana- NAYAGAON District- Saran
                 ======================================================
                 Pramod Kumar @ Pramod Kumar Chaurasia S/o Late Ravindra Prasad
                 Chaurasia R/o Village - Hasanpur, P.S - Nayagaon, District - Saran
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bishwajeet Singh, Adv.
                 For the State            :       Mr. Tarun Prasad Mandal, APP
                 For the Informant        :       Mr. Ajit Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   06-05-2026                   Heard learned counsel for the petitioner, learned A.P.P

                   for the State and learned counsel for the informant.

                                2. The petitioner is apprehending arrest in connection

                   with Nayagaon P.S. Case No. 156 of 2025 lodged on

                   23.08.2025, for the offence punishable under Sections 126(2),

                   115(2), 118(1), 109, 303(2), 351(2), 351(3), 352, 74 & 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023, pending in the Court of

                   Judicial Magistrate 1st Class, Saran at Chapra.

                                3. As per the prosecution, FIR has been lodged against

                   two named accused persons including the present petitioner. The

                   allegation against the petitioner is that he has assaulted the

                   informant’s husband by dabiya, due to which, injury has been

                   caused. When the informant came to rescue her husband, then

                   the petitioner has also assaulted the informant. Subsequently, the
Patna High Court CR. MISC. No.16687 of 2026(3) dt.06-05-2026
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          informant’s husband referred to PMCH for treatment.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that the informant’s husband and the petitioner are full

          brothers. He submits that basically, they are four brothers and

          panchayati took place on 02.02.2025, but the said panchayati

          has not been obeyed by the informant due to which, scuffling

          took place between the parties and injury has been caused. He

          further submits that the petitioner is not a criminal and there is

          one criminal case pending against him, in which, he is on bail.

          Counsel submits that the petitioner is ready to fulfill all the

          conditions whatsoever shall be imposed upon him.

                       5. Learned counsel for the informant vehemently

          opposes the prayer for bail and submits that it is true that the

          informant’s husband and the petitioner are full brothers and

          partition took place between them before the panchayati. But,

          due to non-fulfillment of the condition, the dispute has arisen.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       7. In the light of the submissions made and from the

          injury report of the informant’s husband which has been

          attached with the case diary, it transpires that the injuries are
             Patna High Court CR. MISC. No.16687 of 2026(3) dt.06-05-2026
                                                         3/3




                       grievous in nature. As such, this Court is not inclined to grant

                       bail to the petitioner. Accordingly, the prayer for anticipatory

                       bail of the petitioner stands rejected.

                                    8. However, if petitioner surrenders before the

                       concerned trial court within a period of 4 weeks from today then

                       the trial court without being prejudice by the fact that the

                       anticipatory bail of the petitioner has been rejected by this Court

                       shall consider the case on merit and by way of taking

                       undertaking from both the parties that the panchayati dated

                       02.02.2025 has been well respected by the parties i.e. on the part

                       of the accused persons, the amount has to be paid and on the

                       part of the informant, she has to leave the gharari (residential

                       house). The trial court shall conciliate the matter and if the

                       parties reached on the settlement, then the trial court shall grant

                       bail to the petitioner imposing its own conditions.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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