Patna High Court

Md. Chand @ ChandversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Md. Chand, sought anticipatory bail after an FIR alleged that he, along with others, assaulted two boys during a cricket match, snatching a gold chain and cash and causing head injuries. The petitioner claimed innocence, arguing the incident stemmed from a trivial quarrel and that the prosecution failed to produce any injury report. The court noted the trivial nature of the dispute and the absence of documented injuries. Considering these factors, the court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail. The petitioner was ordered to furnish bail bonds of Rs. 10,000 with two sureties if arrested within four weeks.

Issues considered

Whether anticipatory bail should be granted in view of the alleged offences under the Bhartiya Nyaya Sanhita, 2023 and the lack of injury evidence.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352

Subjects

anticipatory bail
Section 482
Bhartiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
injury evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9262 of 2026
                   Arising Out of PS. Case No.-892 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Md. Chand @ Chand S/o Kalamuddin R/o Village- Gonapura, PS- Phulwari
                 Sharif, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Mishra, Advocate
                 For the Opposite Party/s :      Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                    Heard learned Counsel for the petitioner and learned

                   Additional Public Prosecutor for the State .

                                2. Petitioner apprehends arrest in case registered for

                   the offences punishable punishable under Sections 126 (2)/115

                   (2)/118 (1)/109/303 (2)/352/351 (2)/ 351 (3)/3(5) of the Bhartiya

                   Nyaya Sanhita, 2023.

                                3. The prosecution case , as per the First Information

                   Report, is that on 01.06.2025, at about 6 PM, while the

                   informant, namely, Ved Kumar and Manish Kumar, were

                   playing cricket, the petitioner, along with 4-6 other co-accused

                   persons, came there, abused them, snatched gold chain and cash

                   of Rs. 2200/- from them and also assaulted them, due to which

                   they sustained injuries in their heads.

                                4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.9262 of 2026(2) dt.11-02-2026
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          petitioner is innocent and have not committed any offence as

          alleged. He further submits that a quarrel took place on a trivial

          issue during a cricket match between the boys of two group

          which led to marpit. The prosecution side has failed to produce

          any injury report before the learned District Court, which would

          be evident from the impugned order itself, in which there is no

          reference of any injury . Rest of the allegations are ornamental

          in order to make the case grave.

                       5. Considering the rival submissions advanced on

          behalf of the parties and taking into consideration nature of

          allegation and the fact that the occurrence took place on a trivial

          issue during a cricket match and no injury has been brought on

          record by the prosecution , I am inclined to grant the petitioner

          privilege of anticipatory bail.

                       6. This application is, accordingly, allowed.

                       7. Let the petitioner, 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

          bonds of Rs. 10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of learned 4th Additional

          Chief     Judicial      Magistrate,       Patna,    in   connection   with

          Phulwarisharif Police Station Case No. 892 of 2025, subject to
           Patna High Court CR. MISC. No.9262 of 2026(2) dt.11-02-2026
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                     the condition laid down under Section 482 (2) of the Bharatiya

                     Nagarik Suraksha Sanhita, 2023.



                                           (Prabhat Kumar Singh, J)
Jyoti Kumari/-

U      T

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