Patna High Court
Kanchan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
The court held that anticipatory bail is warranted as the allegations are vague, injuries superficial, and a compromise petition exists, thus granting bail subject to conditions.
Summary
Four villagers—Kanchan Kumar, Piyush Kumar, Ravi Kumar and Vikesh Kumar—applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly consuming opium and assaulting an informant with sticks. They contended that the dispute was a petty, intra‑village altercation, the alleged assault was general and the injuries were superficial, and that a compromise petition had already been filed. The State opposed the bail. The court examined the nature of the accusations, the lack of specific overt acts, the petitioners' clean antecedents and the existence of a compromise, and concluded that anticipatory bail was appropriate. Accordingly, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioners be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita offences
- Whether the allegations constitute a cognizable offence warranting denial of bail
- Whether the petitioners are likely to flee or tamper with evidence
- Whether the existence of a compromise petition influences the grant of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 324(4), 333, 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal law
- assault
- opium consumption
- compromise petition
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19093 of 2026
Arising Out of PS. Case No.-114 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
1. Kanchan Kumar S/o- Punai Bhuiyan Vill- Parasiya PS- Imamganj Dist-
Gaya
2. Piyush Kumar S/o- Bindu Bhuiyan Vill- Parasiya PS- Imamganj Dist- Gaya
3. Ravi Kumar S/o- Birju Bhuiyan Vill- Parasiya PS- Imamganj Dist- Gaya
4. Vikesh KUmar S/o- Karu Bhuiyan Vill- Parasiya PS- Imamganj Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109, 74, 303(2), 324(4), 333, 352, 351(2), 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per F.I.R., these petitioners were consuming
opium beside the house of informant and upon objection, they
abused and assaulted informant with lathi, danda and fighter.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Both
parties are co-villagers and on account of petty dispute,
Patna High Court CR. MISC. No.19093 of 2026(3) dt.21-04-2026
2/2
altercation took place between them. Allegation of assault is
general and omnibus and there is no allegation of any specific
overt act against these petitioners. Injuries are superficial. It is
further submitted that upon intervention of common friends, a
compromise petition has already been filed vide Annexure-2.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their arrest/surrender before the court below within a period
of eight weeks from today, 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 learned Judicial
Magistrate, 1st Class, Sherghati, Gaya in connection with
Imamganj P. S. Case No. 114 of 2025, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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