Patna High Court
Chunchun Kumar @ ChunnuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted subject to surrender within eight weeks and a bail bond of Rs.10,000 with two sureties, under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Chunchun Kumar, sought anticipatory bail after an FIR alleged that he stabbed the informant on the neck, causing a simple injury. The petition highlighted his clean antecedent and the minor nature of the injury. The State and the informant opposed the bail, invoking the seriousness of offences under Sections 126(2), 115(2), 109, 352 and 351(2)(3) of the Bhartiya Nyaya Sanhita. The Court, considering the injury’s simplicity and the petitioner’s clean record, granted anticipatory bail on the condition that he surrenders within eight weeks and furnishes a bail bond of Rs.10,000 with two sureties, subject to Section 482 of the B.N.S.S. 2023. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged stabbing under Sections 126(2), 115(2), 109, 352 and 351(2)(3) of the Bhartiya Nyaya Sanhita.
- Whether the petitioner’s clean antecedent and the simple nature of the injury justify bail despite the seriousness of the offences.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 351(2)(3), 352, 482
Subjects
- anticipatory bail
- criminal procedure
- assault
- clean antecedent
- bail conditions
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85595 of 2025
Arising Out of PS. Case No.-960 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Chunchun Kumar @ Chunnu S/O Karu Thakur R/O Mofarganj, Gareri Tola,
P.S- Katihar Nagar, Distt.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh,Adv.
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
Mr.Rajendra Prasad Sah,Adv.for Informant
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 109,
352, 351(2)(3) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., this petitioner is alleged to have
stabbed on the neck of informant. Doctor has found the injury
simple in nature. Petitioner has got clean antecedent.
4. Learned A.P.P. for the State and learned counsel for
the informant opposed the prayer for anticipatory bail.
5. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
eight weeks from today, let the above named petitioner be
Patna High Court CR. MISC. No.85595 of 2025(2) dt.19-01-2026
2/2
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Katihar in
connection with Katihar Town P.S. Case No. 960 of 2025,
subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay/-
U T
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