Patna High Court
DHARMJIT KUMAR SINGH @ CHHOTU @ CHHOTU KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail may be granted in view of the facts and the petitioner’s cooperation, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Dharmjit Kumar Singh, sought anticipatory bail fearing arrest in a police case (Kalyanpur P.S. Case No.67 of 2026) filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioner, along with others, damaged police vehicles and assaulted a driver during a confrontation with police at a residence, while the petitioner contended he was falsely implicated and had no relation to the co‑accused. He highlighted his willingness to cooperate with the investigation and pointed out that the specific allegation against him was merely vehicle damage, not assault. The State opposed the bail. Considering the nature of the allegations, the petitioner’s claim of innocence, and his cooperation, the court granted anticipatory bail subject to a cash bond, sureties, and conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations against the petitioner constitute a cognizable offence justifying arrest.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 132, 190, 191(2), 191(3), 309(4), 324(4), 3(5), 351(2), 351(3), 352, 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- assault on police
- false implication
- bail conditions
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28449 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- KALYANPUR District- Samastipur
======================================================
Dharmjit Kumar Singh @ Chhotu @ Chhotu Kumar Singh S/o Late Sudhir
Kumar Singh, R/o Vill.- Basudevpur, P.S.- Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajeev, Advocate.
For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Kalyanpur P.S. Case No.67 of 2026 instituted under
Sections 126(2), 115(2), 109, 190, 191(2), 191(3), 351(2),
351(3), 352, 324(4), 309(4), 74, 132, 3(5) of the B.N.S., 2023.
3. As per the prosecution case, on getting secret
informant that accused of Kalyanpur P.S. Case No.346 of 2025
is at his home situated at Bathi Chowk, Kalyanpur, the police
team reached there. It is alleged that on seeing the police, co-
accused Gunjan Singh started abusing and threatening from his
roof of the house and the family members have delayed in
opening the doors, taking advantage of same, co-accused
Gunjan Singh fled from the spot. It is further alleged that
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accused persons have attacked on the police team due to which
several police personnel sustained injuries. Specific allegation
against the petitioner is that he alongwith other accused persons
broke window and gate of Bolero and Thar Jeep with stone and
iron strips and also assaulted driver of the vehicles.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that petitioner is neither relative of the
co-accused Gunjan Singh nor he belongs to the said village
where the occurrence taken place. Learned counsel submits that
there is no specific allegation of assault against the petitioner,
rather the allegation against the petitioner is of damaging police
vehicle which is false and concocted. He further submits that
petitioner has two criminal antecedents, in which one case
belongs to Excise Act and he is on bail in both the case.
Petitioner undertakes to cooperate in the investigation and trial
of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner, in the event of
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arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned Chief Judicial Magistrate, Samastipur/ concerned Court
in connection with Kalyanpur P.S. Case No.67 of 2026, subject
to the conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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