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Patna High Court

Chiranjeevi Kumar @ Bhim SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

Chiranjeevi Kumar was implicated in a Sandesh police case for alleged assault using 'Sabal' and 'Khanti', resulting in head and leg injuries to the informant and his family. The petitioner claimed innocence, alleging the charges stemmed from a land dispute and personal enmity, and argued that the injuries were either simple or unexplained. The State opposed his request for anticipatory bail. The Court examined the FIR, injury report, and case diary, noting inconsistencies in the description of injuries and lack of clear causation. Relying on Section 482(2) of the Bihar Negotiable Sale (BNS) Act, 2023, the Court found sufficient doubt to grant anticipatory bail, subject to bond and surety conditions. The order directs the petitioner to surrender within six weeks and comply with bail conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNS Act, 2023 in view of the alleged assault charges.
  • Whether the evidence in the FIR and injury report sufficiently establishes the petitioner’s culpability.

Subjects

  • anticipatory bail
  • assault
  • injury
  • land dispute
  • Section 482
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7513 of 2026
                       Arising Out of PS. Case No.-251 Year-2025 Thana- SANDESH District- Bhojpur
                 ======================================================
                 Chiranjeevi Kumar @ Bhim Singh, aged about 34 years, Male, Son of Late
                 Ramlakhan Singh, Resident of Dharampur, P.S.- Sandesh, District- Bhojpur.
                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Ms. Akanksha Malviya, Advocate
                                                   Mr. Akash Keshav, Advocate
                                                   Ms. Naina Nancy, Advocate
                 For the Opposite Party/s :        Mr. Umeshanand Pandit, Advocate
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

3   19-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Sandesh P.S. Case No. 251 of 2025 instituted for the

                   offences punishable under Sections 126(2), 115(2), 118(2), 109,

                   303(2), 117(2) and 3(5) of the BNS, 2023.

                                 3.     Allegation against the petitioner and other co-

                   accused persons is to have assaulted by means of ‘Sabal’ and

                   ‘Khanti’ and started indiscriminate attack upon the informant

                   and his family members, due to which, the informant caused

                   head injury.
Patna High Court CR. MISC. No.7513 of 2026(3) dt.19-03-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner is innocent has committed no offence and has falsely

          been implicated in this case due to vengeance out of enmity

          with malafide intention only to entangle the family dispute. She

          submits that there is case and counter case attributed between

          the parties. She further submits that there is no recovery from

          the conscious possession of the petitioner. She next submits that

          the injuries sustained is simple in nature. She lastly submits that

          both the parties are gotiyas (relatives) and there is land dispute

          regarding building of Chajja (Sunshade) attributed between

          both the parties. She again submits that there are 14 injuries, out

          of which 8 injuries are simple in nature and opinion for 6

          injuries are reserved.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. From perusal of the FIR, case diary, injury report

          and the impugned order of the learned District and Sessions

          Judge, Bhojpur at Ara dated 08.01.2026, it appears that on the

          basis of written report of the informant Suryakant Singh, FIR

          has been registered under Sections 126(2), 115(2), 118(2), 109,

          303(2), 117(2) and 3(5) of the BNS, 2023 against three co-

          accused persons including the present petitioner and the
Patna High Court CR. MISC. No.7513 of 2026(3) dt.19-03-2026
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          allegation is assaulted by means of ‘Sabal’ and ‘Khanti’ upon

          the informant’s head and his family members. From perusal of

          the injury report issued by one Medipark, Hospital, Patliputra,

          Patna, it appears that the injury is in right leg (Fracture of

          Proximal Tibia) and head injury. The patient got primary

          treatment with multiple stitches in left occipital and parietal

          region under Hospitalization in the district of Bhojpur, Ara.

          From perusal of the entire case diary as well as primary injury

          report, it appears that in the FIR, there is repeated blow upon

          the head of the informant but from the primary injury report, it

          also appears that several injuries are found on the body of the

          informant but there is no any explanation that how can such

          injury caused on the body of the informant, so considering all

          these aspects of the case and submission of learned counsel for

          the petitioner, I am inclined to grant anticipatory bail to the

          above named petitioner.

                        7. Accordingly, let the petitioner above named in the

          event of his arrest or surrender before the Court below within

          six weeks from today, be released on anticipatory bail upon

          furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Chief Judicial Magistrate, Bhojpur at Ara in connection with
            Patna High Court CR. MISC. No.7513 of 2026(3) dt.19-03-2026
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                      Sandesh P.S. Case No. 251 of 2025, subject to the conditions

                      laid down in Section 482(2) of the BNSS.

                                                                 (Ramesh Chand Malviya, J)
Anand Kr.

U     T


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