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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       2/2




                     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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