Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail must be granted to the petitioner, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, owing to his clean antecedent and the nature of the accusations.
Summary
Chandan Kumar was named in an FIR for offences including assault, robbery and other crimes under the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, claiming innocence and a clean antecedent, arguing that the allegations against him were vague and ornamental. The State opposed the bail. The court examined the nature of the accusations, the petitioner’s clean record, and the statutory provisions governing anticipatory bail. It concluded that the petitioner was entitled to anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if arrested within eight weeks, the petitioner be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the allegations in the FIR constitute sufficient ground to deny bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita — s. 109, 115, 126, 190, 191, 303, 351, 352
Subjects
- anticipatory bail
- criminal procedure
- clean antecedent
- FIR
- Section 482
- bail conditions
- assault
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1030 of 2026
Arising Out of PS. Case No.-64 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Chandan Kumar S/o Late Rambabu Chaudhary R/o Vill- Naya Tola, P.S.-
Banjariya, Distt- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhandev Kumar, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 190, 191(2), 115(2),
126(2), 109, 303(2), 352 and 351(2) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., all the named accused persons,
including this petitioner, along with 5-6 unknown persons
abused and assaulted informant and her husband and took Rs.
25,000/-, gold Hanumani and mobile phone from possession of
the husband of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus and there is no specific
allegation of any overt act against petitioner. Rest of the
Patna High Court CR. MISC. No.1030 of 2026(2) dt.22-01-2026
2/2
allegations are ornamental only to make the case grave.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of District & Additional
Sessions Judge-II, Motihari, East Champaran in connection with
Banjariya P. S. Case No. 64 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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