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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6501 of 2026 Arising Out of PS. Case No.-236 Year-2025 Thana- CHAKIA District- East Champaran ======================================================
1. Umesh Das Son of Late Seeta Das @ Late Sitaram Das Resident of Village - Fulwariya, Ward no. 4, Nagar Parishad Chakia, Ps- Chakia, Dist- East Champaran
2. Kundan Das @ Kundan Kumar Son of Late Jaylal Das Resident of Village - Fulwariya, Ward no. 4, Nagar Parishad Chakia, Ps- Chakia, Dist- East Champaran
3. Pankaj Das @ Pankaj Kumar Son of Dharamlal Das @ Bharamlal Das Resident of Village - Fulwariya, Ward no. 4, Nagar Parishad Chakia, Ps- Chakia, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Suraj Kumar Tiwari For the Opposite Party/s : Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 24-02-2026 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Chakia P.S. Case No.236 of 2025, F.I.R dated 14.05.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. According to prosecution case, on 13.05.2025 at about 5:30 PM, the informant, Shatrughan Sah @ Shatrughan Kumar, learned that his cousin’s grandson had been tied to a
Patna High Court CR. MISC. No.6501 of 2026(3) dt.24-02-2026 2/4 pole in front of the house of co-accused Pappu Das. When he reached the spot, all the accused persons, including the petitioners, allegedly abused and assaulted him and others with various weapons such as farsa, iron rod, knife, bhala, gupti, and lathi, causing injuries. It is further alleged that the accused persons snatched gold chains, cash, and a bracelet of substantial value from the victims. The injured persons were later rescued by villagers and taken to Chakia Hospital, leading to the lodging of the FIR. 4.
Learned counsel for the petitioners submits that there is case and counter case and both the sides have sustained injuries and while specific allegation of having assaulted Jitendra Sad @ Jitan Sah is against co-accused, namely, Pappu Das, and as per the injury report, the injuries sustained by Jitendra Sad @ Jitan Sah are grievous in nature while the allegation against petitioner Nos.1 and 2 is of having assaulted the informant, Satrudhan Kumar, on his hand and having snatched the bracelet but the injury sustained by the informant is simple in nature and the allegations against petitioner No.3 are general and omnibus in nature. Lastly, it has been submitted that the petitioners have clean antecedent. 5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.6501 of 2026(3) dt.24-02-2026 3/4 anticipatory bail application. 6. Considering the aforesaid facts and circumstances that there is case and counter case and both the sides have sustained injuries and specific allegation of having assaulted Jitendra Sad @ Jitan Sah is against co-accused namely, Pappu Das and the petitioners have clean antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioners. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 the learned J.M. 1st Class, East Champaran, Motihari, in connection with Chakia P.S. Case No.236 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every
Patna High Court CR. MISC. No.6501 of 2026(3) dt.24-02-2026 4/4 date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. sharun/- (Ajit Kumar, J) U T