Patna High Court
Chandan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners, directing their release upon furnishing the prescribed bond and conditions.
Summary
The petitioners, Chandan Sah, Pankaj Kumar and Kishan Kumar, were charged under several sections of the B.N.S., 2023 for allegedly assaulting an informant and her family with iron rods. They contended that the allegations were vague, the injuries reported were superficial, and that they were falsely implicated, noting clean antecedents for two of them and only one prior case for the third. The State opposed bail, but the court noted the non‑specific nature of the accusations, the minimal injuries, the length of custody since 24‑Oct‑2025, and the filing of the charge‑sheet. Considering these factors, the court ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the B.N.S.S. The bail also required a close relative as a bailor and attendance at court dates, with cancellation upon non‑compliance.
Issues considered
- What is the appropriateness of granting bail to the accused given the nature of the allegations and evidence presented?
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 351(2), 352
- B.N.S.S. — s. 480(3)
Subjects
- bail
- assault
- false implication
- injury report
- non‑specific allegations
- criminal procedure
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1540 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
1. Chandan Sah S/O Suresh Sah Resident of Village - Ghasipakad, P.S- Chakia,
District - East Champaran at Motihari
2. Pankaj Kumar Son of Late Sitaram Sah Resident of Village - Ghasipakad,
P.S- Chakia, District - East Champaran at Motihari
3. Kishan Kumar Son of Sikandra Sah @Sikander Sah Resident of Village -
Ghasipakad, P.S- Chakia, District - East Champaran at Motihari
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Chakia P.S. Case No. 328 of 2025 dated
20.06.2025, registered for the offences punishable under Sections
115(2), 118(2), 126(2), 109, 303(2), 352 and 351(2) read with
Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, petitioners and ten
other co-accused persons came to the doors of the informant and
assaulted the informant and her family members with iron-rod and
lathi causing a number of injuries to them.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.1540 of 2026(2) dt.15-01-2026
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petitioners submits that petitioners have falsely been implicated in
the present case. The parties are at litigating terms and they have
also lodged Chakia P.S. Case No. 258 of 2025 and Chakia P.S.
Case No. 259 of 2025 against each other. The injury reports do not
support the allegations. The injury report of injured Upendra Sah
shows a superficial injury of size 1 cm x 0.5 cm x Skin deep over
left side of parietal region and the injury report of the informant
shows lacerated wound of size 10 cm x 0.5 cm x Skin deep over
occipital region. But the dimensions of injury show the superficial
nature of injury. The allegations are general and non-specific.
Moreover, in an assault by 13 persons the victim receiving only
such injuries is not believable. Learned counsel next submits that
petitioner nos. 1 and 2 got clean antecedent while petitioner no. 3
is having antecedent of one case which is also lodged by the same
informant. Learned counsel lastly submits that petitioners are in
custody since 24.10.2025 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the
State opposes the submissions made on behalf of the
petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
general and non-specific nature of allegation against the
petitioners and further considering the injury reports of the victim
Patna High Court CR. MISC. No.1540 of 2026(2) dt.15-01-2026
3/3
and also considering their period of custody and submission of
chargesheet, the petitioners, above-named, are directed to be
released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees
Ten Thousand Only) each with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate, East
Champaran at Motihari / concerned Court, in connection with
Chakia P.S. Case No. 328 of 2025, subject to the condition laid
down under Section 480(3) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates or
in violation of the terms of the bail, the bail bond of the petitioners
will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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