Patna High Court
Chandrashekhar Lal DevversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, exercising its inherent powers under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, three co-sharers involved in a land dispute, were charged under multiple sections of the Bhartiya Nyaya Sanhita for assaulting members of the informant's family with iron rods, lathis and a spade on 13 July 2025. They sought anticipatory bail, arguing that the injuries were simple, the case arose from a reciprocal FIR, and that similarly situated co-accused had previously been granted bail by a coordinate bench. The court examined the nature of the allegations, the context of the land dispute, the severity of the injuries, and the precedent of earlier bail orders. Considering these factors, the court exercised its inherent powers under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, and granted anticipatory bail to the petitioners. The order directed that, upon arrest or surrender within four weeks, each petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to the conditions specified.
Issues considered
- Whether anticipatory bail should be granted to the accused under the circumstances of a land dispute and simple injuries.
- Whether the court can invoke its inherent powers under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 to stay the criminal proceedings.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 351(2), 352
Subjects
- anticipatory bail
- land dispute
- assault
- simple injuries
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30529 of 2026
Arising Out of PS. Case No.-301 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
1. Chandrashekhar Lal Dev S/O Late Ram Sogarath Lal Dev Resident of
village- Turki, P.S.- Baheri, Distt.- Darbhanga
2. Amlesh Kumar S/O Chandrashekhar Lal Dev Resident of village- Turki,
P.S.- Baheri, Distt.- Darbhanga
3. Krish Kumar S/O Manoj Lal Dev Resident of village- Turki, P.S.- Baheri,
Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar Thakur
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Baheri Police Station Case No. 301 of 2025, dated
16.07.2025, disclosing offences under Sections
191(2)/190/126(2)/115(2)/117(2)/118(1)/109(1)/351(2)/
352 of the Bhartiya Nyaya Sanhita.
3. That the prosecution case, as per the First Information
Report, is that on 13.07.2025, while the informant’s
family members were irrigating their agricultural field,
the petitioners along with other accused persons,
variously armed with iron rods, lathi and spade, arrived
Patna High Court CR. MISC. No.30529 of 2026(2) dt.07-05-2026
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there with intention to kill them and assaulted them. The
petitioner no. 1 assaulted Nitish Kumar with an iron rod
causing injuries on his head and eye, petitioner no. 2
assaulted Om Prakash Lal Dev with lathi blows and
petitioner no. 3 assaulted the informant’s wife by means
of iron rod on her head and waist.
4. Learned counsel for the petitioners submits that the
petitioners are co-sharer and the occurrence took place
due to land dispute between them. He next submits that
the present case is counter-blast to the FIR lodged against
the informant and others by the mother of petitioner no. 1,
bearing Baheri Police Station Case No. 300 of 2025,
which is prior in time to the FIR lodged by the informant.
The injuries, sustained by the victims and attributable to
the petitioners, are simple in nature and caused by hard
and blunt substance, which would be evident from injury
report annexed at Annexure-3 series inasmuch as the
treatment of victim-Om Prakash Lal Dev was carried in
the village hospital. He further submits that similarly
situated co-accused persons have been granted
anticipatory bail by a Co-ordinate Bench of this Court in
Cr. Misc. No. 81963 of 2025 and 23613 of 2026.
Patna High Court CR. MISC. No.30529 of 2026(2) dt.07-05-2026
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5. Having regard to the submissions made on behalf of the
parties and taking into consideration the nature of
allegation and the fact that both the parties are co-sharer
having land dispute, case and counter-case is there
between them, victims have sustained simple injuries and
similarly situated co-accused persons have been granted
anticipatory bail by a Co-ordinate Bench of this Court, I
am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, be released 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 VI, Darbhanga, in connection
with Baheri Police Station Case No. 301 of 2025, subject
to the condition laid down under Section 482 (2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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