Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the petition for anticipatory bail, granting the petitioner relief subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 191(2), 191(3), 190, 109, 103(1) and 61(2) of the Bharatiya Nyaya Sanhita for the alleged assault and death of the informant’s father. The prosecution alleged that the petitioner, along with other accused, assaulted the victim with a lathi and bricks, causing his death. The petitioner’s counsel argued that the FIR contains only a general, omnibus accusation against him, with specific assault allegations directed at co‑accused Vishwajeet and Abhishek, and that medical evidence showed only two injuries, undermining the prosecution’s case. The counsel also highlighted the petitioner’s clean antecedents and pointed to a similar anticipatory bail order granted to co‑accused Dipu Kumar. The State and the informant opposed the bail. Considering the lack of specific allegation, parity with the other accused, and the petitioner’s clean record, the Court granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when the FIR contains only a general accusation and no specific allegation of overt act against him.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 190, 191(2), 191(3), 482(2), 61(2)
Subjects
- anticipatory bail
- general accusation
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86252 of 2025
Arising Out of PS. Case No.-279 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Chandan Kumar S/O Shyam Sundar Chaudhary R/O Village- Phulwariya,
P.S- Dhaka, Distt.- East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, A.P.P.
For the Informant : Mr. Prateek Tandon, Mr. Rohit Ranjan, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner, informant
and learned APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 109, 103(1) and 61(2) of the Bharatiya Nyaya
Sanhita.
3. The prosecution case, in brief, is that on 04.06.2025
at about 8:30 PM, all the F.I.R. named accused persons,
including this petitioner, abused and assaulted father of
informant with lathi and bricks due to which, he died during
course of treatment.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.86252 of 2025(2) dt.09-02-2026
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committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of assault is against co-accused
Vishwajeet and Abhishek, who are alleged to have assaulted
father of informant with lathi. There are general and omnibus
nature of allegation and no specific accusation of overt act has
been alleged against this petitioner. As per F.I.R., all 12 named
accused persons, including this petitioner, assaulted father of
informant, however, doctor has found only two injuries on the
body of the deceased which itself falsifies the entire prosecution
case. Similarly situated co-accused person, namely Dipu Kumar,
has already been granted the privilege of anticipatory bail by
this Hon’ble Court vide order dated 12.11.2025 passed in Cr.
Misc. No. 76855 of 2025. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the prayer for
grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedent of the petitioner, the prayer for grant
of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.86252 of 2025(2) dt.09-02-2026
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petitioner be 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 Sub-Divisional Judicial
Magistrate, Dhaka, District- East Champaran in connection with
Dhaka P.S. Case No. 279 of 2025, subject to condition as laid
down under Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
Navya/-
U T
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