Patna High Court
C.K. Singh @ Chakshay Kumar Singh @ Chakshay SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to petitioners C.K. Singh, Vishnu Singh and Mangan Singh subject to bond and surety conditions, and the petition of Lalchand Singh was dismissed as infructuous.
Summary
The petitioners, four relatives from Jallahare Rampur, sought anticipatory bail under Section 438 of the Cr.P.C. in connection with FIR No. 293 of 2025 alleging assault under various sections of the Bhartiya Nyay Sanhita, 2023. One petitioner, Lalchand Singh, was arrested during the pendency, leading the court to dismiss his part of the petition as infructuous. The remaining petitioners argued that the incident was a mutual free‑fight, both sides sustained injuries, and that the charges against them were vague, general and omnibus, while they have clean antecedents. The State opposed the bail. Considering the facts, the court held that the allegations against petitioners 1, 2 and 4 were not specific enough to deny bail and granted anticipatory bail subject to a bond of Rs 10,000 and sureties, with surrender within four weeks, while dismissing the petition of petitioner 3.
Issues considered
- Whether anticipatory bail should be granted to petitioners C.K. Singh, Vishnu Singh and Mangan Singh under Section 438 of the Cr.P.C.
- Whether the allegations against the petitioners are specific enough to deny bail
- Whether the arrest of petitioner Lalchand Singh renders his anticipatory bail petition infructuous
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(3)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- free‑fight
- assault
- general and omnibus allegation
- bail conditions
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24734 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- PRANPUR District- Katihar
======================================================
1. C.K. Singh @ Chakshay Kumar Singh @ Chakshay Singh S/o Late Ram
Kewal Singh Resident of village- Jallahare Rampur @ Rampur, PS- Pranpur,
District- Katihar
2. Vishnu Singh @ Vishnu Dev Singh S/o Late Sahaj Lal Singh Resident of
village- Jallahare Rampur @ Rampur, PS- Pranpur, District- Katihar
3. Lalchand Singh @ Lal Chand Kumar S/o Sakendra @ Rajendra Singh @
Sabjendra Singh Resident of village- Jallahare Rampur @ Rampur, PS-
Pranpur, District- Katihar
4. Mangan Singh S/o Sakendra @ Rajendra Singh @ Sabjendra Singh Resident
of village- Jallahare Rampur @ Rampur, PS- Pranpur, District- Katihar
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Md Musowir, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. At the outset, it is submitted by learned counsel for the
petitioners that he be permitted to withdraw the anticipatory bail
petition of petitioner no. 3 namely, Lalchand Singh @ Lal
Chand Kumar as he was apprehended by the police during
pendency of the present anticipatory bail petition, and as such,
the present petition qua petitioner no. 3 become infructuous.
3. Considering the aforesaid submission, the present
anticipatory bail petition with regard to above-named petitioner
Patna High Court CR. MISC. No.24734 of 2026(2) dt.23-04-2026
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no. 3 is being dismissed having become infructuous.
4. Now the present petition survives only with regard to
petitioner nos. 1, 2 and 4 namely, C.K. Singh @ Chakshay
Kumar Singh @ Chakshay Singh, Vishnu Singh @ Vishnu Dev
Singh and Mangan Singh.
5. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Pranpur P.S. Case
No. 293 of 2025 registered for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109,
303(2), 351(3) of the Bhartiya Nyay Sanhita, 2023.
6. The allegation against the petitioners is to assault the
informant and others during the occurrence along with co-
accused persons causing head and bodily injuries where assault
was alleged to made with intention to cause death.
7. Learned counsel appearing on behalf of the petitioners
submitted that the occurrence was free-fight in nature where
both parties received injury and for the same set of occurrence,
FIR was also lodged by the petitioners’ side, which was
registered as Pranpur P.S. Case No. 295 of 2025.
8. It is submitted that petitioners were implicated only
being the family members and relatives of the main co-accused,
who alleged to assault the informant and others. It is also
Patna High Court CR. MISC. No.24734 of 2026(2) dt.23-04-2026
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submitted that allegation qua assault is specifically available
against Akshay Singh and Rafid Singh to assault the husband
and brother-in-law (Dewar) of the informant. The allegation of
assault against these petitioners is appearing very much general
and omnibus in nature, who are of clean antecedent.
9. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
10. In view of the aforesaid factual submissions and by
taking note of the fact as the occurrence appears free-fight in
nature where both parties received injury, coupled with the fact
that allegation qua causing physical assault is appearing very
much general and omnibus against the petitioners rather same
appears specific against other named co-accused persons,
accordingly, above-named petitioner nos. 1, 2 & 4 namely, C.K.
Singh @ Chakshay Kumar Singh @ Chakshay Singh, Vishnu
Singh @ Vishnu Dev Singh and Mangan Singh, in the event of
their arrest/surrender within a period of four weeks from this
order, are directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) each with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate - 1st Class, Katihar/concerned court in connection
with Pranpur P.S. Case No. 293 of 2025, subject to the
Patna High Court CR. MISC. No.24734 of 2026(2) dt.23-04-2026
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conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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