Patna High Court

BAIJU KUMAR BISHWAS @ BAIJU KAMATversusTHE STATE OF BIHAR

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that the petitioner is entitled to anticipatory bail as the alleged offence amounts to simple hurt and is bailable.

Summary

The petitioner, Baiju Kumar Bishwas, was named in a complaint (Case No. 05c of 2023) alleging offences under several IPC sections, including simple hurt for allegedly throwing chilly powder into the complainant's eye. He applied for anticipatory bail after a Sessions Judge had rejected his bail plea. Counsel argued that the alleged act constituted simple hurt, a bailable offence, and that the dispute arose from trivial issues, emphasizing the petitioner's clean record. The complainant failed to appear despite notices. The Patna High Court, noting the bailable nature of the alleged offence and the complainant's non‑appearance, granted anticipatory bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS.

Issues considered

Whether the alleged act of throwing chilly powder constitutes a bailable offence warranting anticipatory bail
Whether the petitioner is entitled to bail despite the Sessions Judge's rejection
Whether the non‑appearance of the complainant affects the grant of bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 438

Subjects

anticipatory bail
simple hurt
bailable offence
Indian Penal Code
non‑appearance of complainant
bail conditions
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83269 of 2023
                   Arising Out of PS. Case No.-5 Year-2023 Thana- COMPLAINT CASE District- Supaul
                 ======================================================
                 Baiju Kumar Bishwas @ Baiju Kamat Son Of Ashok Kumar Bishwas @
                 Ashok Kamat R/O Village- Supaul, Koshi Road, Ward No. 12, P.S.- Supaul,
                 Dist.- Supaul

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar
           2.    Nand Kishore Chaudhary Son Of Satyanarayan Chaudhary R/O Village-
                 Supaul, Koshi Road, Ward No. 11, P.S.- Kishanpur, Dist.- Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjay Kumar Singh
                 For the Opposite Party/s :      Mr. Atul Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   28-01-2026                     Heard the parties.

                                2. The petitioner is named in the Complaint case

                   and apprehending his arrest in connection with Complaint

                   Case No. 05c of 2023 registered for the offences

                   punishable under Sections 341, 323, 379, 326, 384,

                   504, 427, 506 and 34 of Indian Penal Code.

                                3. As per complaint, scuffling took place between

                   petitioner and other co-accused persons where during the

                   course of occurrence it is alleged that petitioner thrown

                   chilly powder in the eye of the complainant.
Patna High Court CR. MISC. No.83269 of 2023(3) dt.28-01-2026
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                       4. It is submitted by learned counsel appearing

          on behalf of the petitioner that allegation is of simple hurt

          which is bailable in nature as chilly powder alleged to be

          thrown in the eye of the complainant and considering

          same as a vital part of the body, anticipatory bail was

          rejected by learned Sessions Judge, Supaul. It is

          submitted that the occurrence took place in the

          background of trivial issues as it is apparent from the

          narration of complaint itself. It is submitted that

          petitioner is a man of clean antecedent.

                       5. Learned APP opposes the prayer of bail.

                       6. Despite of service of notice none appeared on

          behalf of complainant on repeated calls.

                       7. In view of aforesaid factual submission and by

          taking note of fact as allegation against petitioner is to

          commit simple hurt out of trivial issues, accordingly

          petitioner above-named, in the event of his arrest or

          surrender before the court below within a period of four

          weeks, is directed to be released on bail, furnishing bail
              Patna High Court CR. MISC. No.83269 of 2023(3) dt.28-01-2026
                                                          3/3




                        bond of Rs. 10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount each to the satisfaction of the

                        learned JM 1st Class, Supaul /concerned Court, where the

                        case is pending in connection with Complaint Case No.

                        05c of 2023, subject to the conditions as laid down under

                        Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.



                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T

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