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Patna High Court

Chotelal Tanti @ Chhotelal TantiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court granted pre‑arrest bail to the petitioner with conditions, exercising its inherent powers under Section 482(2) of the BNSS.

Summary

The petitioner, Chotelal Tanti, sought pre‑arrest bail in connection with a case arising from a Panchayat‑related dispute that allegedly led to assault on the informant’s wife and the snatching of a gold chain. The petitioner argued that the injury to the wife was simple, the dispute stemmed from a long‑standing land conflict, and he was already on bail for a prior case. The State opposed bail, contending that the assault caused serious injury and involved theft of valuables. The Court, after considering the nature of the injuries, the background of the dispute, and the petitioner’s bail status, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order required the petitioner to surrender within four weeks and stipulated that one bailor be a close family member.

Issues considered

  • Whether pre‑arrest bail should be granted to the petitioner despite the alleged assault and theft charges
  • Whether the nature of the injury (simple vs serious) justifies bail
  • Whether Section 482(2) of the BNSS empowers the High Court to grant bail in this circumstance

Legislation cited

Subjects

  • pre‑arrest bail
  • Section 482
  • assault
  • theft
  • Panchayat dispute
  • simple injury
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39106 of 2026
                  Arising Out of PS. Case No.-116 Year-2026 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Chotelal Tanti @ Chhotelal Tanti S/O Late Ram Jatan Tanti Resident of
                 Mohalla- Sarahi Ward No. 39, P.S- Saharsa Sadar, District- Saharsa, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amarnath Jha, Adv.
                 For the Opposite Party/s :      Mr. Satyendra Naryan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Saharsa Sadar P.S. Case No.116 of 2026 registered for the

                   offences punishable under Sections 329(3), 329(4), 191(2), 190,

                   191(3), 115(2), 126(2), 118(1), 109, 303(2) and 76 of the BNS.

                                3. On account of a dispute that arose during the course

                   of a Panchayati, all the named accused persons, including the

                   petitioner, allegedly assaulted the informant and other members

                   of his family. There is a specific allegation against this

                   petitioner of causing assault to the wife of the informant, due to

                   which she sustained head injury, besides the allegation of

                   snatching of a golden chain worth Rs.25,000/-.

                                4. Learned Advocate for the petitioner, submitted that
Patna High Court CR. MISC. No.39106 of 2026(2) dt.17-06-2026
                                            2/3




          the dispute has arisen on account of a previous land dispute

          between the parties, which resulted into some free fight and

          unfortunate injury. Moreover, the injury which is allegedly

          sustained to the informant’s wife is concerned, the same is

          found to be simple in nature. To support the aforesaid

          contention, the injury report of injured Poonam Devi has been

          brought on record. It is further contended that others have also

          sustained simple injury. The long-standing animosity between

          the parties is also evident from the fact that two cases have also

          been instituted by the informant and others against the persons

          of the petitioner’s side. The petitioner, though bears one

          criminal antecedent, however, he is on bail in the said case.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail of the petitioner and

          submitted that because of the assault caused by the petitioner,

          the informant’s wife has sustained serious injury and the

          petitioner has also snatched the valuables.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the genesis of the occurrence, coupled with the long-standing

          dispute, as also the simple nature of injury upon the informant’s wife

          and others, let the above named petitioner, be released on bail, in the
              Patna High Court CR. MISC. No.39106 of 2026(2) dt.17-06-2026
                                                          3/3




                        event of his arrest or surrender before the learned Court below

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

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

                        amount each to the satisfaction of learned Chief Judicial

                        Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case

                        No.116 of 2026, subject to the condition as laid down under

                        Section 482(2) of the BNSS, with further condition that one of

                        the bailors shall be the own/close family members of the

                        petitioner.



                                                    (Harish Kumar, J)
rohit/-

U         T


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