Patna High Court
Shri Bhagwan Prasad @ Bhagwan GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted bail to the petitioners subject to conditions, finding no sufficient ground to deny bail under Section 482(2) of the BNSS.
Summary
The petitioners, three residents of East Champaran, were arrested in connection with a case alleging participation in an unlawful assembly that assaulted an informant, caused injuries, and involved theft of valuables. They claimed innocence, arguing that the incident involved a case and counter‑case between the parties and that the injuries, though grievous, were not to a vital part of the body. The State opposed bail, emphasizing the seriousness of the charges under multiple sections of the Bharatiya Nyaya Sanhita. The court considered the nature of the injuries, the existence of a counter‑case, and the risk of tampering, and decided to grant bail subject to strict conditions, including a bond, sureties, and compliance with procedural directives. The order was made under Section 482(2) of the BNSS, directing the petitioners to appear before the trial court and prohibiting witness intimidation or further offences.
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the Bharatiya Nyaya Sanhita despite charges of unlawful assembly, assault, and theft.
- Whether the nature of the alleged grievous injury, not being on a vital part of the body, warrants bail.
- Whether the existence of a case and counter‑case between the parties influences the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 482(2)
Subjects
- bail
- unlawful assembly
- assault
- grievous injury
- case and counter‑case
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23646 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- Raghunathpur District- East Champaran
======================================================
1. Shri Bhagwan Prasad @ Bhagwan Gupta S/o Late Jagdish Prasad Resident
of Village- Sapahi, Ps- Raghunathpur, District- East Champaran Bihar
2. Rahul Kumar @ Rahul Prasad S/o Bindeshwari Prasad Resident of Village-
Sapahi, Ps- Raghunathpur, District- East Champaran Bihar
3. Sanjay Rai @ Sanjay Kumar Yadav S/o Chhathu Rai R/o vill - Chailaha,
P.s.- Banjariya, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari
For the Opposite Party/s : Mr. Satyendra Prasad
Mr. Prince Kumar Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Raghunathpur P.S. Case No.03 of 2026,
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109(1), 303(2), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per the FIR, the allegation against the
petitioners is that they, along with other co-accused persons,
formed an unlawful assembly armed with lathi, danda, iron rod
and sharp cutting weapons, assaulted the informant and his
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brother with lathi causing injuries, and further snatched a gold
chain worth Rs.2,00,000/- and cash of Rs.1,20,000/- from the
informant’s shop.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
the present case. It is submitted that, with respect to the same
incident, a case and counter-case have been instituted between
the parties and both sides have sustained injuries. It is further
submitted that the injuries attributed to petitioner no1 are
simple in nature, whereas petitioner no. 2 is alleged to have
assaulted Deepak Kumar Prasad, who sustained a grievous
injury resulting in fracture of his leg; however, the injury is not
on a vital part of the body. So far as the petitioner no.3 is
concerned, the allegation against him is of snatching golden
chain from the informant. Lastly, it is submitted that the
petitioners have no criminal antecedents.
5. On the other hand, the learned APP for the State
as well as learned counsel for the informant has opposed the
prayer for bail of the petitioners. It is submitted by the learned
counsel for the informant that there is specific allegation
against the petitioner no.2 to assault Deepak Kumar due to
which he sustained grievous injury but has not controverted the
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fact that the said injury is not on vital part of the body.
6. Taking into account that there is case and
counter case between the parties and the grievous injury is not
on vital part of the body, 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-1st Class,
East Champaran, Motihari/Successor Court in connection with
Raghunathpur P.S. Case No.03 of 2026, 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
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,
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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)
shikha/-
U T
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