Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
Checking your session…