Patna High Court
Chandra Bhshan Kumar @ Chadra bhushan kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner is entitled to pre‑arrest bail as he has made out a prima facie case for release.
Summary
The petitioner, Chandra Bhushan Kumar, was implicated in a FIR alleging assault with an iron rod resulting in injuries to the informant, under several sections of the BNS. He claimed innocence, asserting that the dispute arose from a land conflict and that the injuries were simple in nature. The State opposed his pre‑arrest bail application. The Court observed that a case and counter‑case existed, the injury was indeed simple, and the petitioner had made a prima facie case for bail. Consequently, the Court ordered his release on pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and verification of his criminal antecedents, with the order lapsing if other cases are found.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious charges under Sections 126(2), 115(2), 109(1), 352, 303(2), 351(2) and 3(5) of the BNS.
- Whether the nature of the injury and the existence of a case‑and‑counter‑case justify granting bail.
Subjects
- pre‑arrest bail
- criminal procedure
- case and counter case
- simple injury
- land dispute
- Section 482 CrPC
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25350 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Chandra Bhshan Kumar @ Chadra Bhushan kumar S/o- Dinesh Yadav, R/v-
Paranpur Tola Akal Bigha Ps- Belaganj Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar, Advocate
For the Opposite Party/s : Ms.Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard Mr. Vinod Kumar, learned counsel appearing
on behalf of the petitioner and Ms. (Dr.) Indiwar Kumari,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Belaganj P.S. Case No. 259/25 registered for the offence(s)
punishable under Sections 126(2), 115(2), 109(1), 352, 303(2),
351(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioner assaulted the
informant by means of iron rod with an intention to kill, causing
injuries.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. There is case and counter
Patna High Court CR. MISC. No.25350 of 2026(2) dt.22-04-2026
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case between the parties arising out of same incidence and due
to land dispute, an altercation took place and both the sides
entered into fierce fight in whch both the sides sustained
injuries. The injury sustained by the informant has been opined
by the doctor to be simple in nature. On these grounds,
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR, I find that there is case and counter case
between the parties arising out of same incidence and the
injury sustained by the informant has been found to be simple in
nature. I am of the opinion that petitioner has, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Gaya / Concerned Court in
connection with Belaganj P.S. Case No. 259/25, subject to the
Patna High Court CR. MISC. No.25350 of 2026(2) dt.22-04-2026
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conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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