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Patna High Court

Kamta Ram @ Kamta PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to specified conditions.

Summary

The petitioners, ten residents of Babhangavan, were named in an FIR alleging that a quarrel between children led them to assault the informant's family, causing simple injuries. The FIR charges them under Sections 126(2), 115(2), 118(1), 351(2), 352 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The petitioners applied for anticipatory bail, contending that except for the alleged offence under Section 118(1), all other charges are bailable and that the injuries are minor, with a case and counter‑case on both sides. The State opposed the bail on the basis of the FIR allegations. The Court, after considering the facts and noting the absence of any criminal antecedent, held that the injuries were simple and that a case‑and‑counter‑case existed. Consequently, the Court granted anticipatory bail, directing the petitioners to surrender within four weeks, furnish a bail bond of Rs 10,000 with two sureties, and comply with conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order is subject to the usual conditions of bail and the pending trial in the Chenari Police Station case No. 332 of 2025.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR allegations under the BNSS.
  • Whether the alleged offences are bailable given the nature of injuries and the existence of a case and counter‑case.

Legislation cited

Subjects

  • anticipatory bail
  • bailable offences
  • simple injuries
  • case and counter case
  • BNSS
  • CrPC
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90197 of 2025
                       Arising Out of PS. Case No.-332 Year-2025 Thana- CHENARI District- Rohtas
                 ======================================================
           1.     Kamta Ram @ Kamta Paswan S/o Ram Bachhan Paswan @ Ram Bachhan
                  Ram R/o Village - Babhangavan, P.S.- Chenari, District - Rohtas
           2.    Bhim Kumar @ Bhim Shankar Paswan S/o Awadhesh Paswan R/o Village -
                 Babhangavan, P.S.- Chenari, District - Rohtas
           3.    Harendra Kumar @ Harendra Paswan S/o Paras Paswan R/o Village -
                 Babhangavan, P.S.- Chenari, District - Rohtas
           4.    Pappu Paswan S/o Late Gupteshwar Paswan R/o Village - Babhangavan,
                 P.S.- Chenari, District - Rohtas
           5.    Pradeep Kujmar @ Pradeep Kumar S/o Late Suresh Paswan R/o Village -
                 Babhangavan, P.S.- Chenari, District - Rohtas
           6.    Mukesh Paswan @ Mukesh Kumar S/o Late Rogi Paswan R/o Village -
                 Babhangavan, P.S.- Chenari, District - Rohtas
           7.    Tuntun Paswan S/o Ram Bachchan Paswan R/o Village - Babhangavan, P.S.-
                 Chenari, District - Rohtas
           8.    Sri Bhagwan Paswan @ Bhagwan Paswan S/o Late Shankar Paswan R/o
                 Village - Babhangavan, P.S.- Chenari, District - Rohtas
           9.    Karan Kumar @ Karan Paswan S/o Late Gupteshwar Paswan R/o Village -
                 Babhangavan, P.S.- Chenari, District - Rohtas
           10. Manjit Paswan @ Manjit Kumar S/o Late Rogi Paswan R/o Village -
               Babhangavan, P.S.- Chenari, District - Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashi Kant, Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),
Patna High Court CR. MISC. No.90197 of 2025(2) dt.15-01-2026
                                            2/3




          115(2), 118(1), 351(2), 352 and 3(5) of the B.N.S.

                       3.    The allegation in the First Information Report is

          that on account of a quarrel between the children, the accused

          persons, being seventeen in number including the present

          petitioners, attacked the family members of the informant

          causing injuries to them.

                       4. Learned counsel for the petitioners submits that

          there are general and omnibus allegations against all the

          petitioners and except for offence under Section 118(1) of

          B.N.S., all the other offences are bailable in nature and offence

          under Section 118(1) of B.N.S. is also not made out against the

          petitioners inasmuch as, all the injuries are simple in nature. It is

          also submitted that there is case and counter case and both

          parties sustained injuries.

                       5. Learned APP for the State opposed the prayer for

          anticipatory bail on the basis of allegations made in the First

          Information Report.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and considering that there is case and counter

          case resulting in injuries on both sides which are simple in

          nature, let the above named petitioners, who have no criminal

          antecedent, be released on bail, in the event of their arrest or
              Patna High Court CR. MISC. No.90197 of 2025(2) dt.15-01-2026
                                                          3/3




                        surrender before the learned Court below within a period of four

                        weeks from today, on 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 Court below

                        where the case is pending/successor Court in connection with

                        Chenari P.S. Case No. 332 of 2025, subject to the condition as

                        laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)

                        of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.


                                                  (Soni Shrivastava, J)

anand/-

U         T


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