Patna High Court
Pramod Kumar @ Pramod Kumar ChaurasiaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74
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
2/3
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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