Patna High Court
Chandeshwar Prasad Singh @ Chandeshwar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to petitioner No.1 but denied to petitioners Nos.2‑4.
Summary
The petitioners, four residents of Harpur Bhindi, sought anticipatory bail fearing arrest in a criminal case (Tajpur P.S. Case No. 153 of 2025) filed under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging they assaulted an informant and his family. They claimed innocence, alleging a counter‑case was lodged by the informant and highlighted that petitioner No.1 is an elderly man of about 64 years. The State opposed bail, emphasizing specific allegations of brutal assault. The High Court, considering the age and circumstances, granted anticipatory bail to petitioner No.1 on a bond of Rs.30,000, subject to conditions under Section 482(2) of the BNS, while rejecting the anticipatory bail applications of petitioners Nos.2‑4, directing the trial court to decide their surrender‑cum‑bail applications if they appear within four weeks. The order thus provides relief to the elderly petitioner and leaves the remaining applicants to face trial court proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bhartiya Nyaya Sanhita, 2023 in view of the alleged assault charges.
- Whether the age of petitioner No.1 warrants a more lenient bail approach.
- Whether the trial court should entertain surrender‑cum‑bail applications of petitioners Nos.2‑4 after the High Court’s rejection of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 2(1)(d), 303(2), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- assault
- age factor
- Bhartiya Nyaya Sanhita
- bail conditions
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26998 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- TAJPUR District- Samastipur
======================================================
1. Chandeshwar Prasad Singh @ Chandeshwar Singh S/o Late Tula Singh @
Late Tulla Singh R/o Village- Harpur Bhindi, P.S.- Tajpur, Dist.- Samastipur
2. Raaz Kumar Singh @ Rajkamal Singh @ Raaz Kamal Singh S/o
Chandeshwar Prasad Singh @ Chandeshwar Singh R/o Village- Harpur
Bhindi, P.S.- Tajpur, Dist.- Samastipur
3. Ramesh Kumar @ Ramesh Kumar Singh S/o Late Ram Rajan Singh @ Late
Ranjan Singh R/o Village- Harpur Bhindi, P.S.- Tajpur, Dist.- Samastipur
4. Suraj Kumar @ Suraj Singh S/o Late Ramdev Singh R/o Village- Harpur
Bhindi, P.S.- Tajpur, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Tajpur P.S. Case No. 153 of 2025, dated
05.09.2025, lodged under Sections 190, 191(2), 191(3), 126(2),
115(2), 117(2), 118(1), 109(1), 74, 303(2), 351(2) & 352 of the
Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,
2023”).
3. As per the prosecution, an FIR has been lodged
against 11 named accused persons, including the present
petitioners, alleging that all the accused persons brutally
assaulted the informant and his family members, due to which
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they were seriously injured.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel further submits that there is a case and counter-case
between the parties. The petitioners’ side has lodged the FIR
bearing Tajpur P.S. Case No. 148 of 2025, and thereafter the
informant’s side has lodged the criminal case bearing Tajpur P.S.
Case No. 153 of 2025 only to save their skin. Counsel further
submits that the criminal antecedents of petitioner Nos. 1 and 2
are not clean, as there is one criminal case pending against
them. However, the criminal antecedents of petitioner Nos. 3
and 4 are clean. Counsel also submits that petitioner No. 1 is an
old-aged person, aged about 64 years.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that there are specific
allegations against all the petitioners of assaulting the informant
and the informant’s family members, due to which they were
brutally injured.
6. In the present facts and circumstances of this case
as well as considering the age of the petitioner No. 1, let the
petitioner No. 1, namely, Chandeshwar Prasad Singh @
Chandeshwar Singh be released on anticipatory bail, in the
Patna High Court CR. MISC. No.26998 of 2026(2) dt.22-04-2026
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event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the BNSS, 2023 to the satisfaction of Additional
Chief Judicial Magistrate- I, Samastipur, in connection with
Tajpur P.S. Case No. 153 of 2025, subject to the conditions as
laid down U/s 482(2) of the BNSS, 2023.
7. So far as the bail applications of petitioner Nos. 2,
3, and 4, namely, Raaz Kumar Singh @ Rajkamal Singh @
Raaz Kamal Singh, Ramesh Kumar @ Ramesh Kumar Singh,
and Suraj Kumar @ Suraj Singh, are concerned, their bail
applications are hereby rejected, with liberty that, in case
petitioner Nos. 2, 3, and 4 surrender within four weeks before
the Trial Court, the Trial Court is directed to pass orders on their
surrender-cum-bail applications on the same day, without being
prejudiced by the fact that the anticipatory bail of petitioner
Nos. 2, 3, and 4 has been rejected by this Court, and the Trial
Court shall pass orders on the merits of the case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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