Created by Fuzzy Cloud

Patna High Court

Chandan Kumar @ Chandan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         2/2




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.