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Patna High Court

Chandan Ram @ Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                                   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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