Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 with two sureties each.
Summary
The petitioners, Chandan Kumar and Rohit Kumar, were arrested in connection with a case registered under Sections 103(1), 109, 118(1), 61(2), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act, alleging that they fired at Rahul Kumar and Anita Devi. The petitioners contended that they were falsely implicated, that no gunshot injuries were sustained by the alleged victims, and that the main accused were other individuals. They highlighted that co‑accused Satrughan Singh had been granted bail in a similar case (Cr. Misc. No. 13176 of 2026) and emphasized their clean record and prolonged pre‑trial detention since 10‑09‑2025. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Court found the petitioners’ arguments persuasive and ordered that they be released on bail upon furnishing a bond of Rs 10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to bail under the circumstances of the case
- Whether the allegations against the petitioners constitute a sufficient ground to deny bail
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 109, 118(1), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- false implication
- Arms Act
- B.N.S.
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15356 of 2026
Arising Out of PS. Case No.-250 Year-2025 Thana- SALIMPUR District- Patna
======================================================
1. Chandan Kumar S/O Late Sulinder Yadav @ Surendra Yadav Resident of
village- Shahpur, post - Khusrupur, Police Station- Salimpur, District- Patna,
Pin- 801103.
2. Rohit Kumar @ Chimpu @ Ankit Kumar S/O Late Sulinder Yadav @
Surendra Yadav Resident of village- Shahpur, post - Khusrupur, Police
Station- Salimpur, District- Patna, Pin- 801103.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anshuman, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Salimpur P.S. Case No. 5117096250250 registered for the
offence punishable under Sections 103(1), 109, 118(1), 61(2),
3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that petitioner
No. 1 has fired at Rahul Kumar and petitioner No. 2 fired at Anita
Devi.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
Patna High Court CR. MISC. No.15356 of 2026(3) dt.20-04-2026
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case. He also submits that the name of these petitioners have
surfaced in the second part of the FIR. He further submits that the
alleged injured persons have not suffered any gun shot injury. The
main thrust of allegation is against Abhinash Kumar, Jwala Yadav
and Lalji Yadav. He further submits that similarly situated co-
accused, namely, Satrughan Singh has been granted bail by the
learned Co-ordinate Bench of this Court vide Cr. Misc. No. 13176
of 2026. Moreover, a statement has been made in para 3 of the
petition that petitioners have no criminal antecedent and they are
languishing in judicial custody since 10.09.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M., 1st Class, Barh, Patna in connection with Salimpur P.S.
(Patna) Case No. 5117096250250.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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