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Patna High Court

Nagendra Kumar Choubey @ Nagendra Choubey @ Nagendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted as the injuries were simple, there was no intention to cause death, and the attachment process under the wrong provision was invalid.

Summary

Nagendra Kumar Choubey was arrested in connection with a FIR alleging assault with a sharp-edged weapon causing serious injuries and intent to cause death, arising from a land dispute. The petitioner sought anticipatory bail, arguing that medical evidence showed the injuries were caused by a blunt object, were simple in nature, and did not demonstrate intent to kill. The State contended that multiple serious injuries were inflicted on vital parts and that the procedural steps under Cr.P.C. Section 82 were valid. The Court noted that the FIR was filed under the Bihar Non‑Compulsory Statutes (BNS) and that the attachment process should have been under BNS Section 84, not Cr.P.C. Section 82, and that a stay order had already been issued by the trial court. Considering the simple nature of the injuries, lack of intent to cause death, and procedural irregularities, the Court granted anticipatory bail subject to a bond and conditions under Cr.P.C. Section 438(2) and BNS Section 482(2).

Issues considered

  • Whether anticipatory bail is maintainable when the FIR is filed under the BNS but the attachment process was initiated under Cr.P.C. Section 82.
  • Whether the nature of injuries and lack of intent to cause death justify granting anticipatory bail.
  • Whether a stay order issued by the trial court bars the initiation of anticipatory bail proceedings.
  • Whether procedural impropriety in invoking the wrong statutory provision vitiates the process.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • injury nature
  • intent to kill
  • procedural impropriety
  • BNS
  • CrPC
  • land dispute
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8963 of 2026
                         Arising Out of PS. Case No.-172 Year-2025 Thana- BADDI District- Rohtas
                 ======================================================
                 Nagendra Kumar Choubey @ Nagendra Choubey @ Nagendra Kumar S/O
                 Ram Bahadur Choubey Resident of village- Falwaria, P.O- Malwar, P.S-
                 Baddi, District- Rohtas Bihar

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Rashmi Jha, Adv
                                          :        Mr. Ujjwal Kumar Singh
                 For the Opposite Party/s :        Mr. Shailendra Kr. Singh, Adv
                 For the Informant        :        Mr. Saroj Kr. Sharma, Adv
                                          :        Mr. Anupam Bahadur, Adv
                                          :        Mr. Vikash Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   18-03-2026                          Heard the parties.

                                    2. The accused/petitioner is named in the F.I.R. and

                   apprehended his arrest in connection with Baddi P.S. Case No.

                   172 of 2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 117(2), 109 and 3(5) of the

                   BNS.

                                    3. The allegation against the petitioner is to assault

                   informant and others by using sharp edged weapon causing head

                   and other bodily injuries with other co-accused persons having

                   intention to cause their death.

                                    4. Mrs. Rashmi Jha, learned counsel appearing on
Patna High Court CR. MISC. No.8963 of 2026(2) dt.18-03-2026
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          behalf of the petitioner submitted that upon medical examination,

          injuries as alleged to be caused by this petitioner found to be

          caused by hard and blunt object and simple in nature, contrary to

          the allegation that injury was inflicted by using sharp edged

          weapon. It is submitted that nature of injuries primarily negates

          intention to cause death. It is further submitted that present

          occurrence took place in the background of land dispute and

          parties are in enmical terms as out of two criminal antecedents

          one case was filed by same informant, whereas petitioner is on

          bail in both cases.

                          5. Learned APP duly assisted by learned counsel for

          the informant, while opposing the prayer for anticipatory bail

          submitted that multiple injuries were caused by petitioner and

          other co-accused during the course of occurrence. It was

          submitted that injury was caused on the vital parts of the body.

          It is fairly conceded that process of attachment was initiated

          under Cr.P.C., which ought to be initiated under BNSS and

          further conceded also that he was not aware about the stay order

          granted vide order dated 13.02.2026.

                          6. Taking note of aforesaid submission, it is further

          pointed out by learned counsel for petitioner that there is no

          absolute bar to entertain anticipatory bail after initiation of
Patna High Court CR. MISC. No.8963 of 2026(2) dt.18-03-2026
                                            3/4




          proceeding u/S 82 of the Cr.P.C. In support of her submission

          learned counsel relied upon the legal report of Hon’ble Supreme

          Court as available through Srikant Upadhyay and Others Vs.

          State of Bihar, 2024 SCC OnLine SC 282, Asha Dubey Vs.

          The State of Madhya Pradesh, SLP (Crl.) 13123 of 2024

          dated 12.11.2024.

                          7. In view of aforesaid legal position, it is submitted

          by Mrs. Jha that in present case FIR was lodged on 09.11.2025,

          whereas NBW was issued on 05.01.2026 in haste without taking

          note of the fact that FIR was lodged under the provisions of

          BNSS, proceeding of attachment was initiated under the provision

          82 of Cr.P.C., which otherwise ought to be initiated under Section

          84 of the BNSS and, therefore, the process which was initiated

          under wrong provision of law, is of no legal sanctity. In this

          context, it is submitted that a petition was also filed by one of the

          co-accused namely Ashok Kumar Chaubey before learned Trial

          Court, which was taken on record vide order dated 13.02.2026,

          wherein learned trial court accepting the petition stayed the

          process issued by learned trial court and as such it can be safely

          said that no process was initiated u/S 82 of Cr.P.C. against

          petitioner.

                        8. In view of aforesaid facts and circumstances and by
               Patna High Court CR. MISC. No.8963 of 2026(2) dt.18-03-2026
                                                           4/4




                         taking note of the fact as injury as alleged to be inflicted by

                         petitioner during the course of occurrence appears simple in

                         nature, prima-facie, negating intention to cause death coupled

                         with fact process as initiated under Section 82 of the Cr.P.C.

                         challenging the maintainability of anticipatory bail petition was

                         stayed by learned trial court, as discussed aforesaid, accordingly

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

                         surrender before the learned trial court within a period of four

                         weeks, is directed to be released on bail, furnishing bail bond of

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

                         the like amount each to the satisfaction of the learned J.M. 1 st

                         Class, Sasaram/concerned trial court where the case is pending in

                         connection with Baddi P.S. Case No. 172 of 2025 subject to the

                         conditions as laid down under Section 438(2) of the Cr.P.C./

                         Section 482(2) of the BNSS.


                                                                 (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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