Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The bail application was allowed, and the petitioner was released on bail.
Summary
Chandan Kumar was arrested in connection with a case alleging he inflicted a sword blow on the informant's brother, under several sections of the B.N.S., 2023. He has been in custody since 10 October 2025 and claims he is innocent, asserting that the FIR does not match the injury report, which indicates a simple injury caused by a blunt object. The State and the informant opposed bail, but the court noted the discrepancy between the alleged weapon and the medical findings. Considering the clean antecedent and the lack of corroborative evidence, the court allowed the bail application. The petitioner was ordered to be released on bail of Rs.10,000 with two sureties, subject to cooperation in the trial, without any comment on the merits of the case.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S., 2023.
- Whether the inconsistency between the FIR allegation of a sword injury and the medical report of a blunt injury warrants bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- injury report
- false implication
- B.N.S. 2023
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2289 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- BIND District- Nalanda
======================================================
Chandan Kumar S/O Naresh Kewat Resident Of Village- Bakra, P.S.- Bind,
Distt.- Nalanda
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Bhola Prasad, Advocate
For the State : Mr. Syed Mojibur Rahman, APP
For the Informant : Mr. Rabindra Prasad Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Bind P.S. Case No.193 of 2025 registered for the offence under
sections 126(2), 115(2), 118(2), 109, 351(2), 352 and 3(5) of the
B.N.S., 2023.
3. The petitioner is alleged to have inflicted
sword blow upon the brother of the informant. The petitioner is
in custody since 10.10.2025 having clean antecedent.
4. It has been submitted by learned counsel for
the petitioner that the petitioner is innocent and has falsely been
implicated in this case due to previous enmity. He further
submits that the allegation made in the F.I.R. does not support
from the injury report.
5. Learned APP for the State and the informant
have vehemently opposed the prayer of the petitioner for grant
of bail.
Patna High Court CR. MISC. No.2289 of 2026(3) dt.31-03-2026
2/2
6. Though the allegation against the petitioner
is of inflicting sword blow but the injury report says that the
victim has sustained simple injury caused by hard and blunt
substance.
7. Considering the aforesaid facts, this bail
application is allowed.
8. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif /
concerned Court below, in connection with Bind P.S. Case
No.193 of 2025, subject to the condition that he will co-operate
in the trial and will appear personally or through his advocate on
each and every date fixed in the trial.
9. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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