Patna High Court
Kameshwar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail could be granted under Section 482(2) of the B.N.S., 2023, given the petitioners' clean record and the circumstances of the case.
Summary
The petitioners, Kameshwar Singh and Chandeshwar Kumar, were implicated in a case (Sahebganj P.S. Case No.238 of 2025) involving alleged assault, robbery and other offences under the Bharatiya Nagarik Suraksha Sanhita, 2023. They sought anticipatory bail, claiming innocence and a prior enmity with the complainant, and asserted that the injuries were minor and they had clean antecedents. The State opposed the bail, arguing the seriousness of the charges. The Court examined the facts, the nature of the offences, and the petitioners' willingness to cooperate, and considered the provisions of Section 482(2) of the B.N.S., 2023. It ordered that the petitioners be released on bail upon surrender within six weeks, subject to a bail bond of Rs.10,000 with two sureties each. The decision effectively granted anticipatory bail with conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the nature of the alleged offences and the petitioners' antecedents justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- assault
- theft
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77604 of 2025
Arising Out of PS. Case No.-238 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
1. Kameshwar Singh S/o Late Rajendra Singh R/o Village - Madhopur Hazari,
P.S- Sahebganj, District.- Muzaffarpur.
2. Chandeshwar Kumar @ Chandeshwar Singh S/o Mohan Singh R/o Village -
Madhopur Hazari, P.S- Sahebganj, District.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate.
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Sahebganj P.S. Case No.238 of 2025 instituted under
Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109,
303(2), 352, 351(2) of the B.N.S., 2023.
3. As per the prosecution case, on 08.05.2025 son-in-
law of Mohan Singh came to the house of informant on the
occasion of marriage ceremony due to which on 11.05.2025, co-
accused Chanchal Singh from his mobile abused and threatened
the brother of informant. It is further alleged that when the
brother of informant came out of his house, then all the accused
Patna High Court CR. MISC. No.77604 of 2025(3) dt.11-02-2026
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persons including the petitioners armed with lathi, danda, iron
rod, iron dab came at road near the door of informant and
assaulted him and his family members causing injury to them. It
is also alleged that accused persons have snatched the gold
chain and ring from the cousin of informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case due to previous enmity. He further submits that there is
case and counter case between the parties for the same
occurrence as there was free fight between the parties, due to
which both the parties got injuries. Learned counsel submits that
the injury to the injured is simple in nature. He further submits
that petitioners have got clean antecedent and they undertake to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
Patna High Court CR. MISC. No.77604 of 2025(3) dt.11-02-2026
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learned A.C.J.M.-II, Muzaffarpur (West) in connection with
Sahebganj P.S. Case No.238 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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