Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail after being implicated in a case (Muffasil P.S. Case No. 370 of 2025) under several sections of the B.N.S. Act for allegedly forcing entry into an informant's house and assaulting family members. He contended that the FIR was false, motivated by village politics, and highlighted a counter‑case filed against the informant. The injury report indicated only simple injuries caused by a blunt object, contradicting allegations of a sharp weapon. The State opposed the bail, but the court noted the existence of a counter‑case, the trivial nature of the injuries, and the petitioner’s clean record. Consequently, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and cooperation with the investigation. The order was made under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 CrPC and Section 482 B.N.S.S, 2023 in the present circumstances?
- Whether the allegations in the FIR constitute a false case arising from local political rivalry?
Legislation cited
- B.N.S. Act — s. 109, 115(2), 126(2), 329(4), 3(5), 351(2), 352
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S
- false FIR
- village politics
- simple injury
- counter case
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7460 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- MUNGER MUFFASIL District- Munger
======================================================
Chandan Kumar S/O Anil Singh Resident of village- Ramgarh, P.S.- Muffasil,
Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126 (2), 115 (2), 329 (4), 109, 352,
351 (2), 3 (5) of B.N.S. Act.
3. The allegation in the First Information Report is
that the accused persons including the present petitioner forcibly
entered the house of the informant and assaulted the informant
and his family members.
4. Learned counsel for the petitioner submits that
the present case has been falsely lodged on account of some
village politics and as a matter of fact there is a case and counter
Patna High Court CR. MISC. No.7460 of 2026(2) dt.04-02-2026
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case and a case has also been lodged on behalf of the
petitioner’s side being Mufffasil P.S. Case No. 372 of 2025
against the informant and others. The injury report annexed as
Annexure-2 to the present application also indicates that the
injuries are simple in nature caused by hard and blunt object. It
has also been submitted that as against the allegations of using a
sharp cutting weapon, the injury also indicates that the same has
been caused by hard and blunt object.
5. The application for anticipatory bail is opposed
by learned A. P.P. for the State.
6.Taking into consideration the facts and
circumstances and also considering the fact that there is a case
and counter case and the dispute had taken place on account of
some construction of the street at the spur of the moment,
coupled with the fact that injury caused is also simple in nature,
let the petitioner having no criminal antecedent, in the event of
his arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Muffasil P.S. Case No. 370 of 2025 of on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending subject to the
Patna High Court CR. MISC. No.7460 of 2026(2) dt.04-02-2026
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condition laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the B.N.S.S, 2023,
subject to the conditions that the petitioner would cooperate in
the investigation .
(Soni Shrivastava, J)
vashudha/-
U T
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