Patna High Court
Banti Kumar @ Vicky AnandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted regular bail to the petitioners with conditions, holding that the allegations and evidence did not preclude bail under the cited provisions.
Summary
The petitioners, Banti Kumar, Vishal Kumar, Nawal Paswan and Chanchal Kumar, were arrested in connection with a murder alleged to have occurred on 7 October 2025, where the deceased was said to have been assaulted and later died. They sought regular bail under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, contending that the FIR’s allegations were vague, no specific act was attributed to them, and the post‑mortem report showed no external injuries contradicting the claim of a brutal assault. The prosecution argued that the accused collectively committed murder and opposed bail. After considering the submissions and the lack of corroborative medical evidence, the Court held that bail could be granted subject to stringent conditions to ensure cooperation with the trial and prevent tampering with evidence. Consequently, the bail application was allowed, with each petitioner required to furnish a bail bond of Rs 10,000 and two sureties, along with other stipulated conditions.
Issues considered
- Whether the petitioners are entitled to regular bail under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 despite the serious nature of the charges.
- Whether the evidence, including the post‑mortem report, justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 105, 3(5)
Subjects
- regular bail
- criminal procedure
- murder
- assault
- Bharatiya Nyaya Sanhita
- post‑mortem evidence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 87506 of 2025
Arising Out of PS. Case No.-586 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
1. Banti Kumar @ Vicky Anand S/O Nawal Paswan R/O Village- Bariyarpur,
ward no.-44 @ Bara Bariyarpur, P.S.- Chhatauni @ Chatauni, Dist.- East
Champaran (Motihari).
2. Vishal Kumar S/O Nawal Paswan R/O Village- Bariyarpur, ward no.-44 @
Bara Bariyarpur, P.S.- Chhatauni @ Chatauni, Dist.- East Champaran
(Motihari).
3. Nawal Paswan S/O Late Girja Paswan R/O Village- Bariyarpur, ward no.-44
@ Bara Bariyarpur, P.S.- Chhatauni @ Chatauni, Dist.- East Champaran
(Motihari).
4. Chanchal Kumar S/O Pappu Ram R/O Village- Bariyarpur, ward no.-44 @
Bara Bariyarpur, P.S.- Chhatauni @ Chatauni, Dist.- East Champaran
(Motihari).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
Mr. Madhurendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioners seek regular bail in Chhatauni P.S.
Case No. 586 of 2025 dated 08-10-2025 registered under
Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that on 07.10.2025
at about 9:00 p.m., the informant’s son, Anshu Kumar, while
returning home after closing his shop at Gadi Chowk, was
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intercepted by the petitioners along with co-accused
Dharmendra Paswan, Sonu Paswan and 4-5 unknown
miscreants, who demanded money for the consumption of
liquor. On his refusal, he was assaulted by them. On hearing his
noise, the informant, his elder son Rohit Kumar @ Golu and his
daughter rushed to the spot and saw that his son was being
assaulted. When Rohit Kumar intervened, the accused persons
also assaulted him on the instigation of Naval Paswan
(petitioner no.3). The injured was immediately taken to a private
hospital where the doctor declared him dead.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. It is further submitted that no specific or overt
act has been attributed to the petitioners and that the allegations
of assault are general and omnibus in nature. Although the
prosecution alleges collective assault by all the accused
persons, but the postmortem report does not corroborate such
allegations. On the contrary, the postmortem report reveals that
on external examination no external injury was found on any
part of the body of the deceased, which is inconsistent with the
allegation of a brutal assault as stated in the FIR. It is further
submitted that after completion of investigation, the police have
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submitted the charge-sheet under Section 105 of the Bharatiya
Nyaya Sanhita along with other allied Sections of the B.N.S..
The petitioners have been in judicial custody since 09.10.2025
and have one criminal case pending against each of them, in
which they are already on bail.
5. Learned counsel for the informant and learned
Additional Public Prosecutor for the State have opposed the
prayer for bail and submitted that the petitioners along with the
co-accused persons committed the murder of the deceased.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioners be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned C.J.M. East
Champaran Motihari/ concerned Court, in connection with
Chhatauni P.S. Case No. 586 of 2025, subject to the following
conditions (i) that the petitioners shall cooperate in the trial and
shall be properly represented on each and every date fixed by
the Court and on their absence on two consecutive dates without
sufficient reason, their bail bond shall be cancelled by the Court
below, (ii) that one of the bailors will be their own blood
relation, preferably father, mother, brother, sister and or his
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wife, (iii) that the bailors shall also state on affidavit that they
will inform the court concerned if the petitioners are made
accused in any other case of similar nature after their release in
the present case and thereafter the court below will be at liberty
to initiate the proceeding for cancellation of bail on ground of
misuse and (iv) that if the petitioners tamper with the evidence
or the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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