Patna High Court
Chandan Kumar Mehta @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
Checking your session…