Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to bail bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Chandan Kumar, was implicated in a case arising from a dispute over cow dung, alleged to have assaulted the informant's family members with a rod, leading to charges under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner claimed innocence, stating the injuries were minor or unrecorded and that the dispute was a family matter over retirement money. The State opposed the grant of anticipatory bail. The Court examined the facts, the nature of the alleged offences, and the petitioner's clean antecedents, and decided that bail could be granted if the petitioner surrendered within six weeks and posted a bail bond with sureties. The bail was conditioned on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the petitioner was released on bail pending further investigation and trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the nature of the alleged assault offences justifies denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- assault
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- injury
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80048 of 2025
Arising Out of PS. Case No.-580 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Chandan Kumar S/o Ajay Sao Resident of village - Hassanpura, P.S-
Shakurabad, District -Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Mistry, Advocate.
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Makhdumpur P.S. Case No.580 of 2025 instituted under
Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 352,
351(2), 351(3) of the B.N.S., 2023.
3. As per the prosecution case, due to dispute over
keeping the cow dung, the petitioner alongwith other co-accused
persons armed with lathi and danda came and started abusing
and assaulting the husband of the informant causing injury on
his head. It is alleged that co-accused Dhananjay Kumar
assaulted by means of rod causing injury on the hand of
husband of informant. Specific allegation against the petitioner
is that he assaulted the son and daughter of the informant by
Patna High Court CR. MISC. No.80048 of 2025(2) dt.06-01-2026
2/3
means of rod causing injury to them on their head and hand
respectively.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that the allegation against the petitioner
is that he has assaulted the son of informant i.e. Saurabh Kumar
and daughter Anjali Kumari and the injury report of Saurabh
Kumar shows that he has sustained the simple injury, whereas
there is no injury report with respect to Anjali Kumari. Learned
counsel submits that both the parties are family members and
there is a dispute in the family with regard to retiremental
money. He further submits that petitioner is a young boy aged
about 22 years, having got clean antecedent and he undertakes
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 petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
Patna High Court CR. MISC. No.80048 of 2025(2) dt.06-01-2026
3/3
learned Additional Chief Judicial Magistrate-I, Jehanabad in
connection with Makhdumpur P.S. Case No.580 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
Checking your session…