Patna High Court
Munna Chaurasiya @ Munna Kumar ChaurasiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
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
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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
2/3
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/-
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