Patna High Court
Chitranjan Singh @ Chitranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail should be granted to the petitioner, subject to conditions, given the delay, case‑and‑counter‑case, simple injuries, and clean antecedent.
Summary
The petitioner, Chitranjan Singh, sought anticipatory bail after an FIR was lodged alleging his involvement in a violent incident that resulted in injuries to an informant's father and wife, with charges under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with others, assaulted the victims and attempted to kill the informant's father. The petitioner contended that he was falsely implicated, highlighted a four‑day delay in filing the FIR, pointed out that both parties sustained only simple injuries, and emphasized his clean antecedent. The State opposed the bail application. Considering the delay, the existence of a case‑and‑counter‑case, the minor nature of injuries, and the petitioner's clean record, the Court exercised its discretion under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and granted anticipatory bail with specified conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the allegations under the Bharatiya Nyaya Sanhita.
- Whether the four‑day delay in filing the FIR and the presence of a case‑and‑counter‑case justify the grant of bail.
- Whether the petitioner’s clean antecedent and the simple nature of injuries influence the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2)
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- delay in FIR
- case and counter case
- simple injuries
- clean antecedent
- Bharatiya Nyaya Sanhita
- Criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44680 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- CHARPOKHARI District- Bhojpur
======================================================
Chitranjan Singh @ Chitranjan Kumar S/o Kamata Singh R/o Village -
Kharanti, P.S - Charpokhari, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhawana Jha, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Charpokhari P.S. Case No.65 of 2026, F.I.R
dated 05.04.2026 registered for the offences punishable under
Sections 126(2), 115(2), 109, 303(2), 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 03.04.2026 at
about 8:00 p.m., while the informant's father was preparing to
sleep, the accused persons, namely, Chitranjan Kumar,
Manoranjan Kumar, Raju Kumar, and Kamta Singh, allegedly
assaulted him. It is alleged that Chitranjan Kumar, armed with a
farsa, struck the informant's father on the head, causing a head
injury. Manoranjan Kumar allegedly assaulted the informant's
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wife and snatched her gold chain, while Raju Kumar assaulted
the informant's father with a lathi. Kamta Singh is alleged to
have instigated the others by directing them to kill the
informant's father. On the basis of these allegations, the FIR was
registered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It has next been submitted that there is case and
counter case and there is delay of four days of registration of
F.I.R. by the informant being Charpokhari P.S. Case No.66 of
2026 although the alleged occurrence took place on 03.04.2026,
and no valid explanation for such delay has been offered by the
informant. It has further been submitted both the parties have
suffered injuries and the injuries, sustained by the informant, are
found to be simple in nature.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that there is case and counter case and there is delay of four
days of registration of F.I.R. by the informant although the
alleged occurrence took place on 03.04.2026, and no valid
explanation for such delay has been offered by the informant
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and both the parties have suffered injuries, which are found to
be simple in nature and the petitioner has clean antecedent.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, Bhojpur at Ara,
in connection with Charpokhari P.S. Case No.65 of 2026 ,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
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