Patna High Court
Chandan Patel @ Chandan Kumar PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding the allegations insufficiently specific to justify denial of bail.
Summary
The petitioner, Chandan Patel, sought anticipatory bail fearing arrest in a case where an informant was allegedly assaulted and robbed. The prosecution alleged that a group of persons attacked the informant, causing unconsciousness and theft of Rs.5,200, charging the petitioner under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the allegations were vague, lacking any specific act attributable to him, and that the injuries were minor. The State opposed the bail, but the Court noted the lack of specificity and the simple nature of the injuries. Consequently, the Court granted anticipatory bail subject to conditions under Section 438 of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the allegations against the petitioner are non‑specific and the alleged injuries are minor
- Whether the provisions of Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita empower the Court to grant bail in the present circumstances
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 191(2), 191(3), 303(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482
- Bharatiya Nyaya Sanhita
- assault
- robbery
- specific allegations
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22325 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- KADWA District- Katihar
======================================================
Chandan Patel @ Chandan Kumar Patel S/O Anand Kumar Roy Resident of
Village - Kumhari, P.S- Kadwa,Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balkrishna Mishra, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kadwa P.S. Case No.27 of 2026, F.I.R dated
21.01.2026 registered for the offences punishable under
Sections 191(2), 191(3), 126(2), 115(2), 118(1), 109 and 303(2)
of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 21.01.2026, at
around 4:30 PM, the informant’s brother, Md. Azad, working at
A.K. Motors, went to Sushil Yadav’s house to collect a loan
installment but returned as he was not present. Later, at about 6
PM, he was called to Dak Bangla Chowk, where 10–15 persons
assaulted him with rods and fists with intent to kill, rendering
him unconscious. He was taken to PHC Kadwa and then
Patna High Court CR. MISC. No.22325 of 2026(2) dt.16-04-2026
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referred to Katihar Sadar Hospital. The accused also allegedly
snatched Rs.5,200 from him.
4. Learned counsel for the petitioner submits that the
allegations are general and omnibus in nature and the incident is
said to have taken place for a dispute which has arisen owing to
certain money transaction and there is nothing specific against
this petitioner of having committed any overt act and the
injuries sustained by the informant are found to be simple in
nature.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that there is nothing specific against this petitioner and the
injuries sustained by the informant are found to be simple in
nature. Accordingly, this Court is inclined to grant the privilege
of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, Katihar, in
Patna High Court CR. MISC. No.22325 of 2026(2) dt.16-04-2026
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connection with Kadwa P.S. Case No.27 of 2026, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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