Patna High Court
Chandan Kumar @ Chandan RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, subject to conditions, as the allegations against him were non‑specific and similar bail had been granted to co‑accused.
Summary
The petitioner, Chandan Kumar, sought relief fearing arrest in a case (PS‑730/2025) alleging offences under several sections of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that a co‑accused, Abhishek Kumar, called an informant, after which the petitioner and other co‑accused assaulted the informant, and Abhishek fired a pistol, injuring the informant. The petitioner contended that no specific allegation linked him to the assault or the shooting and that the only reference to him was a mention in Abhishek’s confessional statement; he also pointed to similar bail relief granted to other co‑accused. The State argued that the confessional statement implicated the petitioner. Considering the non‑specific nature of the allegation against the petitioner and the precedent of bail to similarly situated co‑accused, the Court ordered that the petitioner be released on bail, subject to a bond, sureties, and conditions under Section 482(2) of the B.N.S.S. and other directions.
Issues considered
- Whether the petitioner is entitled to bail despite only a general allegation and a mention in a co‑accused’s confessional statement
- Whether the non‑specific nature of the accusation warrants granting anticipatory bail under Section 482(2)
Legislation cited
Subjects
- bail
- anticipatory bail
- general allegation
- confessional statement
- Arms Act
- assault
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13879 of 2026
Arising Out of PS. Case No.-730 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Chandan Kumar @ Chandan Raj S/O Naresh Kumar @ Naresh Prasad @
Naresh Prasad Yadav R/o- Sipara Gandhi Murti Ke Pass P.s- Beur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Tiwary, Adv.
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Ramkrishna Nagar P.S. Case No. 730
of 2025 registered for the alleged offences under Section 126(2),
115(2), 352, 109(1), 3(5) of the BNS and Section 27 of the Arms
Act.
03. As per prosecution case, the informant was called
out by coaccused Abhishek Kumar on his mobile phone and when
the informant reached the designated place, the petitioner along
with coaccused persons were present there who started assaulting
the informant. Coaccused Abhishek Kumar drew out a pistol and
indiscriminately fired upon the informant and one such shot hit the
informant in his neck.
Patna High Court CR. MISC. No.13879 of 2026(2) dt.18-03-2026
2/3
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
There is no specific allegation against the petitioner who is stated
to the present merely at the spot. Learned counsel further submits
that further there is general and omnibus allegation against the
petitioner and other coaccused persons for assaulting the informant
but the said allegation is superfluous. The specific allegation of
opening fire is against coaccused Abhishek Kumar. Further the
said coaccused has been granted regular bail by the learned trial
court. Similarly situated coaccused Amarjeet Yadav has been
granted anticipatory bail by a Coordinate Bench vide order dated
04.02.2026 passed in Cr. Misc. No. 2739 of 2026 and the case of
the petitioner is almost on similar footing. Learned counsel
reiterates that there is no specific allegation against the petitioner
either for assaulting or opening fire upon the informant. The
petitioner is having antecedent of one case under Bihar Prohibition
and Excise Act and Arms Act.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioner. Learned
A.P.P. submits that the name of the petitioner transpired in the
confessional statement of the coaccused Abhishek Kumar.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
Patna High Court CR. MISC. No.13879 of 2026(2) dt.18-03-2026
3/3
general and non-specific nature of allegation against the petitioner
and also considering grant of anticipatory bail to similarly places
coaccused, let the petitioner above named, in the event of his arrest
or surrender before the court concerned within a period of eight
weeks from today, be released on bail, on furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of Court of learned
JMFC, Patna in connection with Ramkrishna Nagar P.S. Case No.
730 of 2025, subject to the condition laid down under Section
482(2) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
Checking your session…