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Patna High Court

Chandan Kumar Mehta @ Chandan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Chandan Kumar Mehta, was arrested in connection with PS Karjain Case No. 57 of 2025 for alleged offences under Sections 126(2), 115(2), 324(4), 324(5), 109, 117(2), 303(2), 352, 351(2), 351(3) and 3(5) of the B.N.S., 2023, primarily for assaulting an informant with an iron rod. The prosecution alleged that the petitioner, along with others, assaulted the informant and his family, causing injury to the informant's hand. The petitioner contended that he was falsely implicated, had no criminal antecedents, and that the alleged offence was bailable; he also filed a counter‑FIR on the same day. The State opposed the bail application, arguing the seriousness of the charges. After hearing both sides, the Court found the bail application meritorious and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail for the offences alleged under the B.N.S., 2023.
  • Whether the nature of the alleged assault makes the offences bailable or non‑bailable.

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 324(4), 324(5), 3(5), 351(2), 351(3), 352

Subjects

  • bail
  • criminal procedure
  • assault
  • B.N.S. 2023
  • bailable offence
  • false implication
  • aggrieved informant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25781 of 2026
                        Arising Out of PS. Case No.-57 Year-2025 Thana- KARJAIN District- Supaul
                 ======================================================
                 Chandan Kumar Mehta @ Chandan Kumar S/O Mahto Prasad Mehta @
                 Madhav Prasad Mehta R/O Village- Padum Nagar, Ward no.- 02 , P.S-
                 Karjain, Distt.- Supaul.
                                                                     ... ... Petitioner/s
                                              Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amit Kumar Singh, Advocate
                 For the Opposite Party/s :        Mrs. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Karjain P.S. Case No. 57 of 2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 324(4), 324(5), 109,

                   117(2), 303(2), 352, 351(2), 351(3), 3(5) of the B.N.S., 2023.

                                3. The case of the prosecution, in short, is that the

                   petitioner, along with others, has assaulted the informant and his

                   family members. A specific allegation against the petitioner is

                   that he has assaulted at the hand of the informant with an iron

                   rod.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner and informant are both

                   agnates. There is also a counter version of this case. On the
           Patna High Court CR. MISC. No.25781 of 2026(2) dt.18-04-2026
                                                       2/2




                     same day, an FIR was filed from the side of the petitioner.

                     Moreover, the allegation against the petitioner is that he has

                     assaulted on the hand of the informant with an iron rod, if at all,

                     the hand of the informant was fractured, then also the

                     allegations are bailable in nature. Moreover, a statement has

                     been made in para 3 of the petition that petitioner has no

                     criminal antecedent and he is languishing in judicial custody

                     since 05.01.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     A.C.J.M., 1st Class, Birpur in connection with Karjain P.S. Case

                     No. 57 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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