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Patna High Court

Shyam Sunder ChaupalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners under Section 482(2) of the B.N.S.

Summary

The petitioners, Shyam Sunder Chaupal, Manoj Chaupal and Rahul Kumar, sought anticipatory bail fearing arrest in a case alleging assault under several sections of the B.N.S. The prosecution alleged they assaulted an informant during a land dispute, while the petitioners claimed innocence, stating the allegations were general, omnibus, and arose from a counter‑case in a family land conflict. They highlighted their clean antecedents and the agnatic relationship between the parties. The State opposed the bail, but the court noted the vague nature of the accusations, the relationship between the parties, and the petitioners' clean record. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks they be released on bail with a bond of Rs 10,000 and two sureties, subject to Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted despite the general and omnibus nature of the assault allegations
  • Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses
  • Whether the relationship between the parties and the petitioners' clean antecedents justify the grant of bail

Legislation cited

  • B.N.S. — s. 115(2), 117(2), 126(2), 303(2), 329(3), 351(2), 352, 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • assault
  • land dispute
  • clean antecedents
  • general accusation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7819 of 2026
                        Arising Out of PS. Case No.-153 Year-2025 Thana- BIHRA District- Saharsa
                 ======================================================
           1.     Shyam Sunder Chaupal S/o Late Hriday Chaupal R/o Village - Kataiya,
                  Ward No. 12, Bijalpur, P.S - Bihra, District - Saharsa
           2.    Manoj Chaupal S/o Late Hriday Chaupal R/o Village - Kataiya, Ward No.
                 12, Bijalpur, P.S - Bihra, District - Saharsa
           3.    Rahul Kumar S/o Manoj Chaupal R/o Village - Kataiya, Ward No. 12,
                 Bijalpur, P.S - Bihra, District - Saharsa

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Subesh Sharma, Advocate
                 For the State           :        Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                  Heard Mr. Subesh Sharma, learned counsel appearing

                   on behalf of the petitioners and Mr. Umeshanand Pandit, learned

                   APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 117(2), 329(3), 303(2), 352 and 351(2) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners,

                   assaulted informant as a result of which he sustained multiple

                   injuries.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.7819 of 2026(2) dt.20-02-2026
                                            2/3




          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, both parties are

          agnates and dispute with regard to right, title and possession

          over a piece of land led to maar-peet in which both sides

          sustained injuries. There is case and counter-case. The present

          case is counter-blast of Bihra P.S. Case No. 152 of 2025 which

          was lodged by mother of Petitioner Nos. 1 and 2 against

          informant and others. Moreover, allegation of assault is general

          and omnibus and no specific accusation of overt act has been

          alleged against these petitioners. Petitioners claim clean

          antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and

          counter-case, relationship between the parties and clean

          antecedents of the petitioners, the prayer for grant of

          anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged on bail on furnishing bail-bond of Rs.
             Patna High Court CR. MISC. No.7819 of 2026(2) dt.20-02-2026
                                                         3/3




                       10,000/- (ten thousand) each with two sureties of the like

                       amount each to the satisfaction of learned Judicial Magistrate

                       First Class, Saharsa in connection with Bihra P.S. Case No. 153

                       of 2025, subject to condition as laid down under Section 482(2)

                       of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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