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Patna High Court

Chhotu Kumar @ Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to prescribed conditions.

Summary

Petitioner Chhotu Kumar sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging assault and related offences. The prosecution alleged that the accused assaulted an informant and caused injuries, while the petitioner contended that he was falsely implicated, there were no specific allegations against him, and he had a clean antecedent. The court examined the nature of the allegations, the injury report indicating simple injuries, and the petitioner’s claim of no prior criminal record. Considering the circumstances, the court granted anticipatory bail subject to conditions under Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the Bharatiya Nyaya Sanhita. The order stipulated bail bonds, sureties, personal presence during trial, and provisions for cancellation upon breach or concealment of antecedents.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC in view of the allegations under the Bharatiya Nyaya Sanhita.
  • Whether the allegations against the petitioner are specific enough to deny bail.
  • Whether the petitioner’s clean antecedent and the nature of injuries justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • assault
  • false implication
  • Criminal Procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38836 of 2026
                  Arising Out of PS. Case No.-9 Year-2026 Thana- BANNUBAGICHA District- Lakhisarai
                 ======================================================
                 Chhotu Kumar @ Niraj Kumar, S/O Krishandeo Yadav @ Krishandev Yadav,
                 R/V - Teteriya, PS - Bannubagicha, Dist - Lakhisarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Md. Matloob Rab
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Bannubagicha P.S. Case No. 9 of 2026 registered for the

                   offences under Sections 191(2), 190, 126(2), 115(2), 109(1), 75,

                   352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, it is alleged that the

                   named accused persons, including the petitioner, had initially

                   misbehaved with the informant's side and made comments on

                   the ladies present there and when the same was objected to, they

                   started assaulting and causing injuries.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in this case and no such

                   incident as alleged had occurred. It has further been submitted
Patna High Court CR. MISC. No.38836 of 2026(2) dt.17-06-2026
                                            2/3




          that there is no specific allegation against the petitioner and in

          fact, there is a general and omnibus allegation of assault. From

          perusal of the injury report, which has been brought on record

          by way of Annexure-2 series, the injuries were found to be

          simple in nature. It has lastly been submitted that the petitioner

          had clean antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Bannubagicha P.S. Case No. 9 of 2026, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.

          as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
                          relative.
                          (ii) The petitioner shall remain physically present in
              Patna High Court CR. MISC. No.38836 of 2026(2) dt.17-06-2026
                                                          3/3




                                        Court on each date of the trial.
                                        (iii) In case of absence on two consecutive dates, or in
                                        violation of the terms of the bail, the bail bond of the
                                        petitioner will be liable to be cancelled by the Court
                                        concerned.
                                        (iv) If the petitioner is found involved in similar nature
                                        of offence in future, the prosecution shall be at liberty
                                        to move for cancellation of his bail bond.
                                        (v) The learned Court below shall verify the criminal
                                        antecedent of the petitioner and in case at any stage it is
                                        found that the petitioner has concealed his criminal
                                        antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioner. 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.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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