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Patna High Court

Chandan Kumar @ Chandan RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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