Patna High Court
Kamta Ram @ Kamta PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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),
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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
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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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