Patna High Court
Chhotu Kumar @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 351(2), 352, 482(2), 75
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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