Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court allowed the petition, granting bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, eight residents of Madhobigha village, filed a petition fearing arrest in connection with Nawada Muffasil PS Case No.416 of 2025, which involves offences under several sections of the B.N.S., 2023. They alleged that they were falsely implicated, the alleged injury was simple, and that similarly situated co‑accused had already been granted anticipatory bail by a coordinate bench. The State opposed the bail application. The court noted the simplicity of the alleged injury and the precedent of bail to co‑accused, and consequently allowed the petition, directing that the petitioners be enlarged on bail if arrested, subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., 2023. The order also stipulated cancellation of bail if the petitioners concealed criminal antecedents or misrepresented prior bail petitions.
Issues considered
- Whether the petitioners are entitled to anticipatory bail/enlargement of bail in view of the nature of the alleged injury and the bail granted to co‑accused.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352, 74
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- bail enlargement
- criminal procedure
- simple injury
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3678 of 2026
Arising Out of PS. Case No.-416 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
======================================================
1. Chandan Kumar, Son of Dwarika Singh, Resident of Village- Madhobigha
Ps -Muffasil District -Nawada
2. Kunal Kumar, son of Badri Singh, Resident of Village- Madhobigha P.S
-Muffasil District -Nawada
3. Aditya Kumar @ Aditya Singh, son of Yadu Singh, Resident of Village-
Madhobigha P.S. -Muffasil District -Nawada
4. Navdeep Chadravanshi @ Navdeep Kumar, son of Chandradeep Singh,
Resident Of Village- Madhobigha P.S. -Muffasil District -Nawada
5. Navin Kumar, son of Aditya Singh, Resident of Village- Madhobigha P.S.
-Muffasil District -Nawada
6. Tapan Kumar, son of Mahendra Singh, Resident of Village- Madhobigha Ps
-Muffasil District -Nawada
7. Vishwajeet Kumar @ Latan, son of Dhirendra Singh @ Dheerendra Kumar,
Resident Of Village- Madhobigha Ps -Muffasil District -Nawada
8. Mannu Kumar @ Suman Kumar, son of Dipak Kumar, Resident of Village-
Madhobigha P.S. -Muffasil District -Nawada.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Sheo Kumar Prasad, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Nawada Muffasil PS. Case No.416 of 2025 dated-28.09.2025,
registered for the offences punishable under Sections 191(2),
Patna High Court CR. MISC. No.3678 of 2026(2) dt.04-02-2026
2/4
191(3), 190, 126(2), 115(2), 74, 109, 352, 351(2), 351(3) of the
B.N.S., 2023.
3. As per allegation, the Petitioners and other co-
accused assaulted the informant and his family members.
4. Learned counsel for the petitioners submit that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that the alleged injury is simple in
nature. He also submits that the other seven co-accused have
already been enlarged on anticipatory bail by a co-ordinate
Bench of this Court vide order dated. 28.01.2026 passed in Cr.
Miscellaneous No.2590 of 2026. He further submits that even
the case against the co-accused, Tipu Kumar is the most serious,
but even he has been already enlarged on bail. Hence, the case
of the Petitioners are on better footing than that of the co-
accused, Tipu Kumar.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner nos.1, 2, 6, 7 and 8 have no criminal
antecedents whereas the Petitioner nos. 3, 4, and 5 have been
made accused in one, one and two cases each respectively.
Patna High Court CR. MISC. No.3678 of 2026(2) dt.04-02-2026
3/4
7. Learned APP for the State vehemently opposes the
prayer of the Petitioners for bail.
8. Considering the simple nature of the alleged injury
and also the fact that similarly situated co-accused have been
already enlarged on bail by a co-ordinate Bench of this Court,
this petition is allowed, directing the petitioners above-named,
to be enlarged on bail, in the event of their arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on their
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Nawada Muffasil PS. Case No.416 of 2025, subject to the
conditions as laid down under Section 482 (2) B.N.S.S., 2023
and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.3678 of 2026(2) dt.04-02-2026
4/4
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
Chandan/-
U T
Checking your session…