Chotan Kumar @ Himanshu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Chotan Kumar @ Himanshu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the learned Court below within four weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C. / Section 482(2) BNSS, 2023, in connection with Chapra Muffasil P.S. Case No. 443 of 2025.

Issue for consideration

Whether the petitioner, apprehending arrest in Chapra Muffasil P.S. Case No. 443 of 2025 (District Saran) for offences punishable under Sections 126(2), 115(2), 109, 303(2), 352(2), 351(2) and 3(5) of the B.N.S., is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner is to be released on bail in the event of his arrest or surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, in connection with Chapra Muffasil P.S. Case No. 443 of 2025, subject to the conditions under Section 438(2) Cr.P.C. / Section 482(2) BNSS, 2023.

Ratio / Principle

The grant of bail rested on the facts and circumstances, especially the fact that the injury is simple in nature.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Soni Shrivastava, J) allowed the prayer of a petitioner apprehending arrest in Chapra Muffasil P.S. Case No. 443 of 2025, District Saran, registered for offences under Sections 126(2), 115(2), 109, 303(2), 352(2), 351(2) and 3(5) of the B.N.S., alleging forcible snatching of Rs. 12,000/- along with a gold ring and a locket. Counsel pointed out from the injury report (Annexure P/2) that the injuries on both sides were simple in nature, that no offence under Section 109 BNS was made out as the firearm was allegedly not used, and that the petitioner had no criminal antecedent. Granting bail especially on the ground that the injury was simple in nature, the Court directed release on bail in the event of arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. / Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13162 of 2026

Arising Out of PS. Case No.-443 Year-2025 Thana- CHAPRA MUFFASIL District- Saran

======================================================

Chotan Kumar @ Himanshu Kumar Son of Lalmohan Ray Resident of Village- Dumariya, Post- Chanchaura, P.S.- Muffasil, District- Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Mishra, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 18-03-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 352(2), 351(2) and 3(5) of the B.N.S.

The allegation in the First Information Report that the petitioner, along with other co-accused persons, forcibly snatched a sum of Rs. 12,000/- along with a gold ring and a locket.

Learned counsel for the petitioner submits that an altercation took place between the parties on account of previous dispute and in course of the same both sides sustained injuries for which a false FIR was filed by the informant. It has also been pointed out from the injury report, which is AnnexureP/2, that the injuries are simple in nature. Further the submission

is that no offence under Section 109 of the B.N.S. would be

Patna High Court CR. MISC. No.13162 of 2026(2) dt.18-03-2026 2/2

made out in view of the fact that although the petitioner was armed with a firearm, the same was not used. The petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail on the basis of allegations made in the First Information Report.

Taking into consideration the facts and circumstances and considering especially that the injury is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or 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) 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 Chapra Muffasil P.S. Case No. 443 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