Patna High Court
Chanchal DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions specified.
Summary
The petitioners, a group of relatives from Sonepur village, were accused of assaulting an informant with a knife and snatching his wife's gold chain on 2 January 2026, offences listed under several sections of the Bharatiya Nyaya Sanhita. They claimed the incident arose from a land dispute, that injuries were minor, and that they have a clean antecedent. The State opposed their anticipatory bail application, arguing the seriousness of the charges. The High Court, considering the nature of the accusations, the minor injuries, and the petitioners' clean record, granted anticipatory bail, directing that if they are arrested within eight weeks they may be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also stipulated compliance with the Additional Chief Judicial Magistrate of Biraul.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged assault and the alleged theft warrant denial of bail.
- Whether the petitioners' clean antecedent and the minor nature of injuries justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(1), 126(2), 303(2), 329(3), 3(5), 352
Subjects
- anticipatory bail
- assault
- land dispute
- clean antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28614 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- BIRAUL District- Darbhanga
======================================================
1. Chanchal Devi W/O Pappu Singh @ Pappu Kumar Singh R/O Village-
Sonepur, P.S- Biraul, Distt.- Darbhanga.
2. Suraj Singh @ Surya Pratap Singh S/O Brij Bihari Singh @ Brij Bihari R/O
Village- Sonepur, P.S- Biraul, Distt.- Darbhanga.
3. Pappu Singh @ Pappu Kumar Singh S/O Brij Bihari Singh @ Brij Bihari
R/O Village- Sonepur, P.S- Biraul, Distt.- Darbhanga.
4. Bablu Singh @ Bablu Kumar Singh S/O Brij Bihari Singh @ Brij Bihari
R/O Village- Sonepur, P.S- Biraul, Distt.- Darbhanga.
5. Brij Bihari Singh @ Brij Bihari S/O Late Shiv Shankar Singh @ Shiv
Shankar R/O Village- Sonepur, P.S- Biraul, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 329(3), 115(2), 126(2),
109, 117(1), 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 02.01.2026 at about 3
PM, when informant was going to the grocery shop, these
petitioners assaulted him by means of farsa, knife and when
family members of the informant tried to save him, they were
Patna High Court CR. MISC. No.28614 of 2026(2) dt.30-04-2026
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also assaulted by these petitioners as a result of which, they
sustained injuries. It is further alleged that these petitioners also
snatched gold chain, jitiya of the wife of informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. On
account of land dispute, altercation took place between the
parties in which both sides sustained injuries. Allegation of
assault is general and omnibus and there is no allegation of
specific overt act against these petitioners. Case and counter
case. Injuries sustained by the injured are simple in nature. Rest
of the allegations are ornamental only to make the case grave.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate, Biraul, Darbhanga in connection with
Patna High Court CR. MISC. No.28614 of 2026(2) dt.30-04-2026
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Biraul P. S. Case No. 04 of 2026, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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