Patna High Court
Satish Kumar @ Satish ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Anticipatory bail was granted to the petitioners subject to bond and surety conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Satish Kumar and Akash Kumar, applied for anticipatory bail in a case (Bairiya PS Case No.278 of 2025) alleging they assaulted an informant and his brother with a farsa, leading to simple injuries. They argued they were innocent, the FIR was delayed by 25 days, and the dispute stemmed from longstanding neighbour enmity. The State opposed bail, contending the assault caused injuries. The High Court noted the medical report described the injuries as simple, the petitioners had a clean antecedent, and the FIR delay was unexplained, but found no compelling reason to deny bail. Consequently, the Court granted bail on the condition of a Rs.10,000 bond with two sureties and verification of criminal antecedents under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging assault
- Whether the 25‑day delay in filing the FIR is a ground to deny bail
- Whether the nature of injuries (simple) affects the bail decision
- Whether the petitioners' clean antecedent warrants bail
Legislation cited
- Bihar Penal Code — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352, 74
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- assault
- FIR delay
- simple injuries
- clean antecedent
- CrPC Section 482
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35541 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
1. Satish Kumar @ Satish Choudhary S/o Harendra Choudhary @ Harendra
Chaudhari R/o Village - Nautan Road Near Vikash Bhawan, Bagahi
Ratanpur, Police Station- Bairiya, District - West Champaran
2. Akash Kumar @ Aakas Choudhary S/o Ramchandra Choudhary R/o Village
- Nautan Road Near Vikash Bhawan, Bagahi Ratanpur, Police Station-
Bairiya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the State : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioners and the
learned APP for the state.
2. The petitioners apprehend their arrest in connection
with Bairiya P. S. Case No. 278 of 2025 registered for the offences
punishable under Section 191(2), 190, 126(2), 115(2), 118(1), 109,
74, 303(2), 352, 351(2) of BNS.
3. As per the prosecution story which has been lodged on
the basis of the written report submitted by the informant to the effect
that a game of Madari was going on in the village and all of a
sudden, the accused persons came there along with the petitioners
and assaulted the younger brother of the informant. The specific
allegation against petitioner no.1 is that he assaulted the informant on
his head with a farsa. The allegation against the petitioner no.2 is of
assaulting the younger brother of the informant with farsa due to
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which he sustained injuries on his head.
4. The learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence. He
further submits that both the parties are next door neighbors and there
is a dispute in between the parties from before and due to village
politics, the name of the petitioners have been taken in the present
case. He submits that the injuries sustained by both the injured,
including the informant are simple in nature and the present case has
been lodged only due to previous enmity. He further submits that the
occurrence is of 25.06.2025, however, the First Information Report
has been lodged on 10.07.2025 and no explanation for the delay of
25 days has been given in the First Information Report.
5. Per contra, the learned APP for the State opposes the
prayer for bail of the petitioners and submits that both the petitioners
assaulted the informant and his brother on their head due to which
they suffered injuries.
6. Having considered the submissions advanced by the
learned counsel for the parties and after going through the records, it
appears that the allegation of assault is there against both the
petitioners. However, the learned Additional District and Session
Judge-V, Bettiah at West Champaran while rejecting the anticipatory
bail petition of the petitioners, in paragraph no.6, has discussed about
the injuries received by both the injured persons and has recorded
that the doctor has opined the injuries to be simple in nature. Further,
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the petitioners have got a clean antecedent.
7. Considering the above, let the petitioners, above named,
in the even of their arrest or surrender within a period of six 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 Judicial Magistrate, Bettiah, West Champaran
in connection with the Bairiya P.S. Case No. 278 of 2025, subject of
the conditions as laid down under Section 482(2) of BNSS., with a
further condition that :
The learned Court concerned shall verify the criminal
antecedents of the petitioners and in case at any stage, it is found that
the petitioners have concealed their criminal antecedents, the court
concerned shall take steps for cancellation of bail bond of the
petitioners. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in the
name of verification.
(Ritesh Kumar, J)
priyanka/-
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