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Patna High Court

Chintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted to the petitioners subject to the conditions prescribed under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Chintu Kumar and Pinku Kumar, applied for anticipatory bail in connection with an FIR alleging assault and related offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners had assaulted an informant during a village dispute, causing only simple injuries. The petitioners argued that there exists a case and counter‑case and that the injuries are minor, and they offered to refrain from any future offences. The State opposed the bail, contending that the allegations were serious and that the informant’s safety must be protected. Considering the nature of the injuries, the existence of a counter‑case, and the statutory provisions, the Court granted anticipatory bail subject to strict conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused of assault under the Bharatiya Nyaya Sanhita.
  • Whether the simplicity of the injuries sustained by the informant justifies the grant of anticipatory bail.
  • Whether the presence of a case and counter‑case influences the discretion to grant bail.
  • Whether the conditions prescribed under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 Bhartiya Nagarik Suraksha Sanhita
  • case and counter‑case
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22321 of 2026
                      Arising Out of PS. Case No.-346 Year-2025 Thana- DIDARGANJ District- Patna
                 ======================================================
           1.     Chintu Kumar S/O Rajesh Singh R/O Village - Jiwanchak, P.S - Didarganj,
                  Dist - Patna
           2.    Pinku Kumar S/O Rajesh Singh R/O Village - Jiwanchak, P.S - Didarganj,
                 Dist - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   16-04-2026                        Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Didarganj P.S. Case No.346 of 2025, F.I.R

                   dated 21.10.2025, registered for the offences punishable under

                   Sections 115(2), 126(2), 191(2), 109, 352, 351(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3.     According to prosecution case, on 21.10.2025,

                   Golu Kumar reported to Didarganj Police Station that on the

                   night of 20.10.2025, he, his brother Akshay Kumar, and

                   neighbour Raushan Kumar objected to some persons gambling

                   in their village. This led to a violent altercation where several
Patna High Court CR. MISC. No.22321 of 2026(2) dt.16-04-2026
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          named individuals assaulted them—Aman Kumar struck Golu

          on the head with a stick, others injured Akshay Kumar, and

          Pinku Kumar and Chintu Kumar assaulted Raushan Kumar,

          causing finger injuries. The fight stopped after villagers

          intervened, and the injured were treated at a government

          hospital. The next day, while submitting a complaint at the

          police station, the accused again abused them, and Aman Kumar

          allegedly threatened them with a pistol. The informant’s side

          managed to snatch the pistol, after which the accused fled. The

          informant expressed fear, and the police later arrived and took

          possession of the weapon and a mobile phone.

                      4. Learned counsel for the petitioners submits that there

          is case and counter case for the same incident and though there is

          specific allegation against these petitioners of having assaulted

          the informant but the injuries sustained by the informant are

          found to be simple in nature, which would be evident from the

          order impugned. It has further been submitted that the petitioners

          undertakes not to indulge in any offence of similar nature in the

          future and that, upon verification, if it is found that the

          allegations are true, liberty may be granted to the Police officials/

          informant to take steps for cancellation of the bail bonds.

                      5. Learned APP for the State as well as learned counsel
Patna High Court CR. MISC. No.22321 of 2026(2) dt.16-04-2026
                                            3/4




          for the informant opposes the prayer for anticipatory bail

          application and on being confronted with the regard to the

          nature of injury sustained by the informant, learned counsel for

          the informant has admitted the factual position of the injury on

          record and he submits that the petitioners may be directed to

          maintain peace and harmony.

                       6. Considering the aforesaid facts and circumstances

          that there is case and counter case and the allegation of assault is

          being made by these two petitioners against the informant and

          the injuries sustained by the informant are simple in nature.

          Accordingly, this Court is inclined to grant the privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioners, above named, in the event of

          their arrest or surrender before the Court below within a period

          of thirty days from the date of receipt of the order, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Judicial Magistrate 1st Class, Patna City, in

          connection with Didarganj P.S. Case No.346 of 2025, subject to

          the conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-
           Patna High Court CR. MISC. No.22321 of 2026(2) dt.16-04-2026
                                                       4/4




                                  (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

                     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)
sharun/-

U      T


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