Patna High Court
Chotelal Tanti @ Chhotelal TantiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bihar Negotiable Sale (BNS) — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 329(3), 329(4), 76
- Bihar Negotiable Sale (BNSS) — s. 482(2)
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
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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
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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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