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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Chandan Kumar, sought anticipatory bail in connection with FIR No. 239/2024 where he was named among eight accused for offences under various sections of the Bihar Penal Code. He argued that he has no criminal antecedent, the FIR does not contain specific allegations against him, and the injuries were attributed to other accused. The State opposed the bail. Considering the petitioner’s clean record and lack of specific incriminating material, the Court exercised its power under Section 482(2) of the Criminal Procedure Code to grant anticipatory bail, subject to a bond of Rs. 20,000 with two sureties and other conditions. The order directs that if arrested within six weeks, the petitioner be released on bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Criminal Procedure Code given the facts of the case.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Criminal Procedure Code
  • bail conditions
  • no criminal antecedent
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4512 of 2026
                  Arising Out of PS. Case No.-239 Year-2024 Thana- NIMCHAKBATHANI District- Gaya
                 ======================================================
                 Chandan Kumar Son of Surendra Yadav @ Surendra Singh Resident of
                 Village - Ordhanpur, P.S. - Neemchak Bathani, District - Gaya.

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Sanjay Kumar Sinha, Adv.
                 For the Opposite Party/s :     Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                  Heard Mr. Sanjay Kumar Sinha, learned counsel for
                   the petitioner and Mr. Pradeep Narain Kumar, learned APP for
                   the State.
                                2. The petitioner apprehends his arrest in connection
                   with Neemchak Bathani P.S. Case No. 239/ 2024 registered for
                   the offence(s) punishable under Section(s) 126(2), 115(2), 109,
                   329(4), 324(4), 75, 303(2), 352, 351(2), 351(3) and 3(5) of the
                   BNS.
                                3. Learned counsel for the petitioner submits that the
                   petitioner bears no criminal antecedent, though, he is named in
                   the FIR but against him there is no specific allegation and the
                   FIR has been registered against eight accused persons including
                   the petitioner and the injuries sustained by the injured persons,
                   as detailed in the FIR, are specifically attributed to two other
                   accused persons, namely, Anandi Yadav and Shrawan Kumar
                   and the petitioner is a co-villager of the informant.
                                  4. Learned APP appearing for the State has opposed
                   the bail prayer of the petitioner.
            Patna High Court CR. MISC. No.4512 of 2026(2) dt.24-02-2026
                                                        2/2




                                   5. In the facts and circumstances of this case as well

                      as considering the above stated facts and coupled with the

                      petitioner’s fair and clean antecedent, this court is inclined to

                      grant the relief of anticipatory bail to him. Accordingly, let the

                      petitioner named-above, in the event of his arrest/surrender

                      before the learned court below within a period of six weeks

                      from today, be released on anticipatory bail in connection with

                      Neemchak Bathani P.S. Case No. 239/ 2024 on furnishing bail

                      bond of Rs. 20,000/- (Rupees Twenty Thousand)            with two

                      sureties of the like amount each to the satisfaction of the Court

                      concerned, subject to the conditions as laid down under Section

                      482(2) of the BNSS.



                                                (Shailendra Singh, J)
BKS/-

U       T


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