Patna High Court
Anand Kumar @ Chhotu Kumar @ Anant Kumar (Chhotu)versusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted because the petitioners have a clean antecedent and the allegations do not, on the facts, justify denial of bail.
Summary
The petitioners, four brothers from Chandpur village, were implicated in a case alleging that one of them assaulted the informant’s brother and the others dragged the same person and threw him into a well. The charges were framed under several provisions of the Bharatiya Nyaya Sanhita (including sections 190, 191(2), 126(2), 115(2), 74, 109, 351(3), 352) and the Prevention of Witch Practice Act (sections 3 and 4). The petitioners contended that the incident arose from a petty dispute, the injuries were minor, they have no prior criminal record, and they are willing to cooperate with the investigation. The State opposed the bail application. The Court, after considering the clean antecedent of the petitioners, the nature of the allegations and the statutory framework, ordered that bail be granted upon surrender within six weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- Whether bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious nature of the charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 351(3), 352, 74
Subjects
- bail
- criminal procedure
- assault
- Prevention of Witch Practice Act
- clean antecedent
- Section 482(2)
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21400 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- SAJOUR District- Bhagalpur
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1. Anand Kumar @ Chhotu Kumar @ Anant Kumar (Chhotu) S/o Rajendra
Kapri R/o Village - Chandpur, P.S - Sajour, District - Bhagalpur
2. Chhatish Kumar S/o Rajendra Kapri R/o Village - Chandpur, P.S - Sajour,
District - Bhagalpur
3. Vikki Kumar S/o Sulendra Kapri @ Surendra Kapri R/o Village - Chandpur,
P.S - Sajour, District - Bhagalpur
4. Manmohan Kapri S/o Ramshurup Kapri R/o Village - Chandpur, P.S -
Sajour, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 191(2), 190, 126(2), 115(2), 74, 109,
352, 351(3) of Bharatiya Nyaya Sanhita and Section 3 & 4 of
Prevention of Witch Practice Act.
3. It is alleged that petitioner no. 2 assaulted the devar
of the informant and petitioners no. 1, 3 & 4 dragged the
informant’s devar and thrown him in the well.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.21400 of 2026(2) dt.15-04-2026
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petitioners are innocent and have falsely been implicated in the
present case. Further submission is that due to some petty
dispute, a free fight took place between the parties. Injuries to
the injured are simple in nature. Petitioners have no criminal
antecedent. They undertake to cooperate in the investigation and
trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case, submissions of learned counsel for the parties,
nature of allegation and clean antecedent of the petitioners, let
the above named petitioners be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Bhagalpur in connection with Sajour P.S. Case No.
07 of 2026, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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