Patna High Court
Chandeshwar SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
Holding
The court dismissed the withdrawn anticipatory bail application of petitioner 1 and granted anticipatory bail to petitioners 2, 3 and 4 subject to conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioners, relatives of the informant, applied for anticipatory bail in a case involving assault and other offences under the B.N.S. 2023. Petitioner's No.1 was already in custody and his bail application was withdrawn. The court examined the FIR alleging that the petitioners, armed with weapons, attacked the informant's family, causing injuries. The petitioners claimed innocence, stating a counter‑case and that both sides suffered injuries, and asserted no prior criminal record. The informant and the State opposed bail, highlighting the seriousness of the offences. Considering the circumstances, the court dismissed the withdrawn application for petitioner No.1 and granted anticipatory bail to petitioners No.2, 3 and 4 subject to stringent conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to petitioners 2, 3 and 4 despite the serious charges under the B.N.S. 2023.
- Whether the anticipatory bail application of petitioner 1 can be dismissed as withdrawn.
- What conditions under Section 482(2) of the BNSS are appropriate for granting bail in this case.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- B.N.S. 2023
- assault
- injury
- Bihar criminal procedure
- agnates
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22292 of 2026
Arising Out of PS. Case No.-251 Year-2024 Thana- RAJEPUR District- East Champaran
======================================================
1. Chandeshwar Singh Son of Late Brahmdev Singh R/o Village - Kadma, P.s.-
Rajepur, District - East Champaran.
2. Mahapati Devi W/o Chandeshwar Singh R/o Village - Kadma, P.s.- Rajepur,
District - East Champaran.
3. Ajay Singh S/o Chandeshwar Singh R/o Village - Kadma, P.s.- Rajepur,
District - East Champaran.
4. Santi Singh W/o Lalo Singh R/o Village - Kadma, P.s.- Rajepur, District -
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================
Appearance :
For the Petitioner/s : Mr. Brahmaputra Singh Ishu,Advocate
Mrs.Poonam Kumari, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, A.P.P.
For the Informant : Mr. Manjeet Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 At the outset, learned counsel for the petitioners
submits that petitioner no. 1 has been apprehended during the
pendency of the instant bail application and he seeks withdrawal
of anticipatory bail application in respect of petitioner no.1.
2. Considering the aforesaid submission, the prayer
for anticipatory bail in respect of petitioner no. 1 is dismissed as
withdrawn.
3. Now, the anticipatory bail application in respect of
petitioner nos. 2, 3 and 4 is considered.
4. Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
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5. The petitioners are apprehending their arrest in
connection with A.B.P. No. 6117 of 2025 arising out of Rajepur
P.S. Case No. 251 of 2024, registered for the offence punishable
under Sections 191 (2), 191 (3), 190, 351 (2), 126 (2), 115 (2),
118 (1), 109 and 352 of B.N.S. 2023.
6. As per the FIR, petitioners and others armed with
lathi, danda, farsa, bhala, brick and stones came to the
informant’s land and started to cut the edge of the land and also
abused him. When the same was objected by the informant then
Chandeshwar Singh (Petitioner No.1) and co-accused Lalo
Singh threatened to kill him. Thereafter, Chandeshwar Singh,
Lalo Singh and Uday Singh caught him and Ajay Singh
(petitioner no. 3) with the intention to kill the informant
assaulted him thrice by farsa due to which he sustained injury
on his head. Thereafter, Ranjit Singh, Mittu Singh and five
women started assaulting him with bricks, stones and bhala etc.
When informant’s father came for rescue, he was also assaulted
by Ranjit Singh, Mittu Singh and five women by means of stick,
stone, bhala, due to which he sustained injury. The informant’s
daughter and other family members were also assaulted by the
accused persons.
7. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.22292 of 2026(2) dt.16-04-2026
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petitioners are innocent and have falsely been implicated in this
case. It is submitted that for the same incidence there is a case
and counter case. Both sides have sustained injuries and even
the petitioners have received grievous injury which is apparent
from the report appended with the anticipatory bail petition at
page-31. It is next submitted that the petitioners and informant
are agnates and the injuries which has been classified as
grievous have not been sustained on vital parts and the others
injuries are simple in nature. It is further submitted that
petitioner no. 1 is already taken into judicial custody during the
pendency of the instant bail application. Learned counsel for the
petitioners submits that petitioners undertake not to indulge in
such activity in future and would maintain peace and harmony
with the informant’s family and their agnates and in case of any
further complaint being brought to the notice of police and upon
examination if such allegations finds substance, then informant
would be at liberty to take appropriate measures for cancellation
of the bail of the petitioners. Lastly, it is submitted that the
petitioners have no criminal antecedents.
8. Learned counsel for the informant has appeared suo
motu and has opposed the prayer for grant of anticipatory bail.
However, he is not in a position to dispute the submissions made
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on behalf of the counsel of the petitioner in respect of nature of
injuries sustained by the informant and the other family
members. On the other hand, the learned APP for the State has
also opposed the prayer for bail of the petitioners.
9. Considering the fact that the petitioners and
informant are agnates and there is a case and counter case, both
sides have received injuries and petitioner no. 1 has already
been taken into judicial custody, let the above named petitioners,
be released on bail, in the event of their arrest or surrender
before the learned Court below within a period of six weeks
from today, on furnishing bail bond of Rs. 10,000/-(Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, East Champaran,
Motihari in connection with Rajepur P.S. Case No. 251 of 2024,
subject to the conditions as laid down under Section 482(2) of
the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
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cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
vashudha/-
U T
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