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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted subject to the conditions prescribed under Section 480(3) of the B.N.S.S.

Summary

The petitioner, Chandan Kumar, was charged with multiple offences including assault, robbery, and illegal possession of arms under Sections 126(2), 115(2), 303(2), 308(2), 109, 352, 351(2) of the B.N.S., 2023 and Section 27 of the Arms Act. He allegedly assaulted an informant, stole cash and jewellery, and fired a missed shot. The petitioner claimed he was falsely implicated, that the FIR was lodged after an unjustified delay, and that the matter had been compromised between the parties. The State opposed bail, emphasizing the seriousness of the charges. Considering the length of custody, the filing of the charge‑sheet, and the compromise, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other standard bail conditions.

Issues considered

  • Whether bail should be granted in a case involving assault, robbery, and illegal possession of arms under the B.N.S., 2023 and the Arms Act.
  • Whether the alleged compromise and delay in filing the FIR affect the grant of bail.
  • Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • robbery
  • arms act
  • false implication
  • compromise
  • Section 480(3)
  • B.N.S.
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1558 of 2026
                       Arising Out of PS. Case No.-134 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Chandan Kumar S/o Sunil Kumar Singh @ Sunil Kumar, R/o Village -
                 Mayapur, P.S.- Fatehpur, District – Gaya.
                                                                     ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                              ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Isshan Siingh, Advocate
                 For the Opposite Party/s :       Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Fatehpur P.S. Case No. 134 of 2025 dated

                   26.02.2025, registered for the offences punishable under

                   Sections 126(2), 115(2), 303(2), 308(2), 109, 352 and 351(2)

                   read with Section 3(5) of the B.N.S., 2023 and Section 27 of the

                   Arms Act.

                                   3. As per the prosecution case, petitioner and other

                   co-accused persons came to the shop of the informant and

                   purchased some articles. When the informant demanded the

                   payment, he was assaulted by them with belt, slaps and fists.

                   Subsequently, the petitioner took out a pistol and knife and

                   assaulted the informant. The assailants also took away is gold

                   chain and rupees one lakh and twenty-five thousand cash from
Patna High Court CR. MISC. No.1558 of 2026(2) dt.15-01-2026
                                            2/3




          his cash box. Further allegation against the petitioner is that he

          fired a shot upon the informant which missed.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner has falsely been implicated in

          the present case and the allegation levelled against him is false

          and concocted. The prosecution story is not believable and the

          FIR has been lodged after delay of two days without any

          plausible explanation. No injury has been sustained by the

          informant and the story of keeping Rs. 1,25,000/- cash in the

          cash box of a roadside shop is not believable. The matter has

          been compromised between the parties and an application to this

          effect has been filed before the Court of learned Chief Judicial

          Magistrate, Gayaji. Learned counsel next submits that petitioner

          is having antecedent of two cases and chargesheet has been

          submitted. Learned counsel lastly submits that petitioner is in

          custody since 06.05.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner and submission of

          chargesheet, the petitioner, above-named, is directed to be
          Patna High Court CR. MISC. No.1558 of 2026(2) dt.15-01-2026
                                                      3/3




                    released on bail, on furnishing bail bonds of Rs.10,000/-

                    (Rupees Ten Thousand Only) with two sureties of the like

                    amount each to the satisfaction of learned Additional District

                    and Sessions Judge-X, Gayaji / concerned Court, in connection

                    with Fatehpur P.S. Case No. 134 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

                    petitioner.

                                    (ii) The petitioner 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

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                    (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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