Patna High Court
Shyam Sunder ChaupalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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
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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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