Bikash Kumar Tanti @ Bikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5022 of 2026 Arising Out of PS. Case No.-237 Year-2025 Thana- CHAKAI District- Jamui ====================================================== Bikash Kumar Tanti @ Bikash Kumar Son of Madan Tanti R/o Village - Batpar Nawada, P.S.- Chakai, District - Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhauri Kamal Kishore Sahay, Adv.
For the Opposite Party/s :
Mrs.Suman Kumari Singh, APP For the Informant :
Mr. Subodh Kumar Barnwal, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-02-2026 Heard Learned Counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners are apprehending arrest in connection with Chakai P.S. Case No.237 of 2025 lodged on 08.10.2025, for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 308(2), 352, 351(2) and 3(5) of the B.N.S., 2023.
3. As per the prosecution, FIR has been lodged against four named and 10 unknown accused persons including the present petitioners against whom there is allegation that informant was running show in mela, where these accused persons have assaulted by brick and knife and further looted all the goods.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.5022 of 2026(2) dt.04-02-2026 2/3 petitioners are innocent and have committed no offence. Counsel also submits that all the allegations are general and omnibus and injury which was alleged to be made are simple in nature.
5. Counsel submits that the criminal antecedent of the petitioners is clean. He further submits that in the rejection order, wrong analysis has been made by the Court which is apparent upon the perusal of the same. He further submits that the actual occurrence took place on 06.10.2025 and in this regard, information was communicated on the same dated, but police has not lodged FIR and instead of that, he has lodged complaint case upon mother of the petitioner before the concerned Court.
6. Counsel further submits that the petitioners are ready to fulfill all the condition whatsoever shall be imposed upon them.
7. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the allegation is categorical and specific in the FIR itself. He further submits that the occurrence took place on 07.10.2025 whereas FIR has been lodged after coming from treatment of the injury on 08.10.2025.
8. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.5022 of 2026(2) dt.04-02-2026 3/3 bail of the petitioners.
9. Upon perusal of the record, it transpires to this Court that in the complaint case, allegation has been made by the Accused No.1 that his daughter has purchased a frooti which was expiry. When she wants to return the same, the shopkeeper started disputing and he had misbehaved with the informant's side and Police has also not lodged FIR and this is the real cause of dispute between the parties.
10. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Judicial Magistrate-1st Class, Jamui in connection with Chakai P.S. Case No.237 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Prakashmani/- U T