Patna High Court
CHANDAN KUMAR @ CHANDANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond and specified conditions.
Summary
Chandan Kumar was arrested on 9 February 2026 in connection with a case arising from a road accident that allegedly resulted in the death of an informant. The prosecution alleges a common intention to kill and charges him under multiple sections of the Bihar Negotiable Act, 2023, while the petitioner claims innocence, asserting that the incident was a mere accident and that the FIR is fabricated. The Additional Public Prosecutor opposed bail, citing grievous injuries to the informant and the petitioner's prior criminal antecedent. The court examined the allegations, the petitioner's claim of innocence, and the seriousness of the charges, and decided to grant bail subject to a bond of Rs. 10,000 with two sureties and several conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order includes provisions for cancellation if the petitioner fails to appear or conceals his criminal history.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences and alleged grievous injury to the informant
- Whether the petitioner's prior criminal antecedent warrants denial of bail
Subjects
- bail
- criminal procedure
- grievous injury
- criminal antecedent
- trial cooperation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27757 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Chandan Kumar @ Chandan S/O Late Manikant Mishra R/o vill - Kawela,
P.S.- Parbatta, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Mohan Singh, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Rakesh Mohan Singh, learned counsel for
the petitioner and Mr. Chandra Sen Prasad Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.02.2026 in connection with Ballia P.S. Case No. 533 of 2025,
F.I.R. dated 02.12.2025 for the offences punishable under
Sections 191(2), 281, 125, 126(2), 115(2), 117(2), 352, 351(2)
and 109(1) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner with common intention to kill
the informant collided their Scorpio with the informant and also
assaulted him.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.27757 of 2026(2) dt.27-04-2026
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present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. In fact, due to road accident the present
occurrence has taken place and the informant has received
injury due to said road accident and no such occurrence has
taken place as alleged in the FIR. In fact, some altercation took
place between the parties and due to this reason the informant
has falsely implicated the petitioner and other accused persons
in the present case. The petitioner is in custody since
09.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the informant has received injury which is grievous
in nature and apart from that the petitioner carries one criminal
antecedent other than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 CJM,
Begusarai in connection with Ballia P.S. Case No. 533 of 2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.27757 of 2026(2) dt.27-04-2026
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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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