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Patna High Court

Munna Chaurasiya @ Munna Kumar ChaurasiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Munna Chaurasiya, applied for anticipatory bail in a case where he was alleged to have assaulted an informant with a belt, causing simple injuries. The FIR also implicated co-accused Satyam Kumar for a more serious assault with a sword, and a prior land dispute between the parties was noted. The petitioner argued that the injuries were minor and that a co-accused had already been granted anticipatory bail by a coordinate bench. The court considered the nature of the alleged offences, the simplicity of the injuries, and the precedent of bail granted to the co-accused. Finding no substantial reason to deny bail, the court allowed the anticipatory bail application with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite allegations under Sections 126(2), 115(2), 118(1), 109(1), 303(2), 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
  • Whether the nature of the injuries and the grant of bail to a co-accused justify granting anticipatory bail to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • simple injury
  • land dispute
  • criminal procedure
  • Section 482
  • Bhartiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90626 of 2025
                  Arising Out of PS. Case No.-392 Year-2025 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Munna Chaurasiya @ Munna Kumar Chaurasiya S/o Surendra Bhagat
                 Resident of Village- Kotwa Bajpai Tola, P.S.- Paharpur, District- East
                 Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shakil Ahmad Khan
                 For the Opposite Party/s :       Mr.Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   01-04-2026         1.   Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Paharpur Police Station Case No. 392 of 2025, dated

                            19.07.2025,       disclosing      offences      punishable       under

                            Sections 126(2)/115(2)/118(1)/109(1)/303(2)/351(2)/352 /

                            3(5) of the Bhartiya Nyaya Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 13.07.2025, the petitioner, along with other co-

                            accused persons, arrived at the door of the informant and

                            started abusing him and when objected, the petitioner

                            assaulted the informant by belt, causing injuries on his

                            arm, back, ribs etc.
Patna High Court CR. MISC. No.90626 of 2025(3) dt.01-04-2026
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              4.   Learned Counsel for the petitioner submits that there is

                   allegation in the First Information Report that altogether

                   four accused persons assaulted the informant, out of them,

                   co-accused Satyam Kumar assaulted the informant by

                   means of sword on his head and the petitioner assaulted

                   him by belt. He further submits that there is previous land

                   dispute between the parties, for which Paharpur Police

                   Station Case No. 283 of 2023 was lodged earlier by the

                   informant against the petitioner and others. A counter case

                   has been lodged by the side of the petitioner against the

                   informant and others, bearing Paharpur Police Station

                   Case No. 393 of 2025, for the offences punishable under

                   Sections 126(2)/115(2)/329(4)/74/303(2)/352/3(5) of the

                   Bhartiya Nyaya Sanhita, 2023.The injury sustained by the

                   informant is simple in nature. He further submits that co-

                   accused Satyam Kumar, against whom there is allegation

                   of inflicting injury by means of sword on the head of the

                   informant, has been granted anticipatory bail by a co-

                   ordinate Bench of this Court, vide order, dated

                   24.03.2026, passed in Criminal Misc. No. 88227 of 2025.

              5.   Regards being had to the submissions advanced on behalf

                   of the parties and taking into consideration the nature of
            Patna High Court CR. MISC. No.90626 of 2025(3) dt.01-04-2026
                                                        3/3




                               allegation against the petitioner and the fact that the

                               informant sustained simple injuries and co-accused has

                               been granted anticipatory bail by a co-ordinate Bench of

                               this Court, I am inclined to grant the petitioner privilege

                               of anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7.   Let the petitioners, above named, in the event of his arrest

                               or surrender before the Court below within a period of

                               four weeks from today, be released 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

                               Additional Chief Judicial Magistrate-X, East Champaran,

                               at Motihari, in connection with Paharpur Police Station

                               Case No. 392 of 2025, subject to the conditions laid down

                               under Section 482 (2) of the Bharatiya Nagarik Suraksha

                               Sanhita, 2023.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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