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Patna High Court

Kameshwar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                          3/3




                        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/-

U         T


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