Patna High Court

Chandan Sahu @ Chandan Sah @ Chandan Kumar SahuversusThe State of Bihar

Decided: 20 February 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Chandan Sahu, applied for regular bail in a criminal case registered under multiple sections of the B.N.S., alleging assault and related offences. The prosecution alleged that the petitioner assaulted the son of an informant during a dispute, while the petitioner claimed innocence and that the incident was a petty altercation with injuries on both sides. The petitioner highlighted that a co-accused had already been granted bail, there was no risk of absconding or evidence tampering, and he had been in custody since October 2025. The State opposed the bail, but the court considered the facts, the co-accused’s bail, and the petitioner’s willingness to cooperate. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail under the cited sections of the B.N.S. given the nature of the offences and circumstances
Whether there is a risk of the petitioner absconding or tampering with evidence

Legislation cited

B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352

Subjects

bail
criminal procedure
sections 126
sections 115
sections 117
sections 109
sections 303
sections 352
sections 351
sections 3
co-accused bail
case and counter case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.454 of 2026
                   Arising Out of PS. Case No.-196 Year-2025 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
                 Chandan Sahu @ Chandan Sah @ Chandan Kumar Sahu S/o Ganesh Sahu @
                 Ganesh Sah Resident Of Village - Chatar, Ps- Kusheshwarsthan, District-
                 Darbhanga                                            ... ... Petitioner/s
                                                Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Alok Kumar Jha, Advocate
                 For the Opposite Party/s :     Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   20-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered

                   under Sections 126(2), 115(2), 117(2), 109(1), 303(2), 352,

                   351(2) and 3(5) of the B.N.S.

                                3. As per prosecution case, it is alleged that co-

                   accused Ganesh Sah gave farsa blow on the head of informant

                   and petitioner is alleged to have assaulted the son of informant,

                   namely, Mithilesh Sahu when he came to rescue his father.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The altercation took place on account of petty dispute in

                   which both parties sustained injuries. There is case and counter

                   case between the parties. From the injury report, it appears that

                   the injury on the person of the injured Mithilesh Sahu is

                   swelling and tenderness over right shoulder and abrasion on left
            Patna High Court CR. MISC. No.454 of 2026(3) dt.20-02-2026
                                                        2/2




                      cheek. Similarly situated co-accused Ganesh Sahu @ Ganesh

                      Sah has already been granted bail by a coordinate Bench of this

                      Court vide order dated 18.02.2026 passed in Cr. Misc. No.9933

                      of 2026. The charge sheet has already been submitted and there

                      is no chance of absconding of the petitioner or tampering with

                      the evidence. Petitioner has two criminal antecedents in which

                      he is on bail. Petitioner is in jail since 10.10.2025 and he

                      undertakes to cooperate in the trial.

                                   5. Learned A.P.P. has opposed the prayer for bail of

                      the petitioner.

                                   6. Considering the facts and circumstances of the

                      case, submissions of the parties and the facts that co-accused

                      has already been granted bail, case and counter case between

                      both sides and period of custody undergone by him, let the

                      above named petitioner be released on bail on furnishing bail

                      bond of Rs.10,000/- (rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned S.D.J.M.,

                      Biraul,     Darbhanga/concerned            court   in   connection   with

                      Kusheshwar Sthan P.S. Case No.196 of 2025.



                                              (Sunil Dutta Mishra, J)
Harish/-
U       T

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