Patna High Court
Chandan Ram @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Chandan Ram and Sahil Kumar were arrested on 11 February 2026 in connection with a police case (No. 77 of 2025) arising from an FIR dated 10 August 2025, alleging extortion and assault under Sections 126(2), 115(2), 109(1), 117(2), 352 and 3(5) of the BNS Act, 2023. The prosecution contended that the petitioners, along with other accused, demanded money from an informant and assaulted him with a danda. The petitioners argued that they have no prior criminal record, were falsely implicated, and that a co‑accused (Ajit Ram) in a similar position had already been granted bail. The learned Additional Public Prosecutor opposed bail. Considering the petitioners’ clean antecedent and the precedent of bail to the co‑accused, the court ordered their release on bail of Rs. 10,000 each with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent. The bail order was issued by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged.
- Whether the petitioners’ clean antecedent and the grant of bail to a similarly situated co‑accused justify their release.
Subjects
- bail
- extortion
- assault
- clean antecedent
- criminal antecedent
- Indian Penal Code
- Bihar
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17703 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
1. Chandan Ram @ Chandan Kumar S/o Ajit Ram R/o Village- Jainagar, Badi
Kabaiya, ward no. 32, PS- Kabaiya, Distt.- Lakhisarai
2. Sahil Kumar @ Shahil Kumar S/o Ajit Ram R/o Village- Jainagar, Badi
Kabaiya, ward no. 32, PS- Kabaiya, Distt.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 03-04-2026 Heard Mr. Rabi Bhushan, learned counsel for the
petitioners and Mr. Vinod Shanker Modi, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
11.02.2026 in connection with Kabaiya P.S. Case No. 77 of
2025, F.I.R. dated 10.08.2025 for the offences punishable under
Sections 126(2), 115(2), 109(1), 117(2), 352 and 3(5) of the
BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused person demanded extortion money from the
informant and assaulted him by means of danda.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.17703 of 2026(2) dt.03-04-2026
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petitioners have clean antecedent and they have falsely been
implicated in the present case. Although the petitioners are
named in the FIR but it appears from the FIR that there is
specific allegation against the co-accused, namely, Ajit Ram and
allegation against these petitioners is that they have also
assaulted the victim. It appears from the FIR itself that due to
petty dispute the present occurrence has taken place. He further
submits that similarly situated, co-accused, namely, Ajit Ram
against whom there is allegation of assault has been granted bail
by this Court vide order dated 15.01.2026 passed in Cr. Misc.
No. 88237 of 2025. The petitioners are in custody since
11.02.2026.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent and similarly situated
co-accused has been granted bail by this Court, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Lakhisarai in connection with Kabaiya P.S.
Case No. 77 of 2025, subject to the following conditions:-
Patna High Court CR. MISC. No.17703 of 2026(2) dt.03-04-2026
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i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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