Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 308(2), 3(5), 351(2), 352
- B.N.S.S. — s. 480(3)
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
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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
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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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