Patna High Court
Chandan Kumar @ Chandan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the delay in FIR, alleged false implication, and the nature of the injuries.
Summary
The petitioners, Chandan Kumar and Mantu Kumar, sought anticipatory bail in connection with a criminal case (Panchanpur P.S. Case No. 08 of 2024) alleging assault under Sections 341, 323, 427, 307, 354 and 34 of the IPC. They claimed innocence, asserting that they were falsely implicated due to a family feud with the informant and highlighted a 22‑day delay in filing the FIR and the simple nature of the injuries. The State opposed the bail, emphasizing the seriousness of the offences and the petitioners' prior criminal antecedents. The Court considered the delay, alleged false implication, and the nature of the injuries, and, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted anticipatory bail subject to bond and surety conditions. The order directed the petitioners to surrender within six weeks and comply with the stipulated bail conditions.
Issues considered
- Whether anticipatory bail can be granted despite the petitioners being charged with offences under Sections 341, 323, 427, 307, 354 and 34 IPC.
- Whether the 22‑day delay in lodging the FIR and alleged false implication justify the grant of bail.
- Whether the petitioners' prior criminal antecedents affect their entitlement to anticipatory bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the court to grant anticipatory bail in such circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 354, 427
Subjects
- anticipatory bail
- false implication
- delay in FIR
- IPC offences
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14967 of 2026
Arising Out of PS. Case No.-8 Year-2024 Thana- Panchanpur District- Gaya
======================================================
1. Chandan Kumar @ Chandan Yadav S/O Niranjan Yadav @ Chitranjan
Yadav R/O Vill.- Dariyapur, P.S.- Panchanpur, Dist.- Gaya.
2. Mantu Kumar @ Mantu Yadav @ Mintu Kumar S/O Dani Yadav R/O Vill.-
Dariyapur, P.S.- Panchanpur, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend arrest in connection with
Panchanpur P.S. Case No. 08 of 2024, registered under Sections
341, 323, 427, 307, 354 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that the petitioners
along with other co-accused persons assaulted the informant by
means iron rod, lathi, danda and kicks due to which she
sustained injuries.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. Learned counsel for the petitioner also submitted
that there is delay of twenty-two days in lodging the FIR.
Petitioners are family members of the informant and due to
Patna High Court CR. MISC. No.14967 of 2026(2) dt.25-02-2026
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previous enmity they have been implicated in this case. It is next
submitted that the injury sustained by the informant are simple
in nature. The petitioners have got two criminal antecedents in
which they are on bail. Learned counsel for the petitioners
further submits that other co-accused has been granted regular
bail by this Court vide order dated 04.09.2024 passed in Cr.
Misc. No. 61326 of 2024.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named in the event of arrest/surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Panchanpur P.S.
Case No. 08 of 2024, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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