Patna High Court
Chintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 191(2), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482
- Code of Criminal Procedure — s. 438
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
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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
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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:-
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(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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