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Patna High Court

Chandu Kumar @ Chandan Kumar @ Chintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Chandu Kumar, sought anticipatory bail in connection with a criminal case (Makhdumpur P.S. Case No. 607 of 2024) alleging his involvement in extortion, assault, and other offences under the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution’s case is based on the testimony of an informant, Harshraj, who claims the petitioner participated in a robbery and assault on a victim and his brother. The petitioner contended that he is innocent and that the informant habitually files false complaints against him, noting a prior case where anticipatory bail was already granted. The State opposed the bail, arguing the seriousness of the charges. The Court observed that the informant’s repeated complaints raise doubts about credibility, there was no recovery of any property, and the petitioner has no substantial criminal antecedent. Consequently, the Court exercised its inherent powers under Section 482(2) of the B.N.S. to grant anticipatory bail with specified conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
  • Whether the informant’s history of filing similar complaints against the petitioner affects the merit of the bail application.
  • Whether the absence of recovery and lack of substantial criminal antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • assault
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • informant credibility
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61959 of 2025
                  Arising Out of PS. Case No.-607 Year-2024 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Chandu Kumar @ Chandan Kumar @ Chintu Kumar S/O Narayan Mallah @
                 Narayan Kewat R/O Village- Tehta, P.S.- Makhdumpur, (Tehta), Dist.-
                 Jehanabad.
                                                                   ... ... Petitioner/s
                                              Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pratyaksha, Adv
                                                 Mr. Mahima Kumari, Adv
                                                 Mr. Mritunjay Kumar, Adv
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER
5   17-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Makhdumpur P.S. Case No. 607 of 2024, registered for the

                   offence punishable under Sections 126(2), 127(2), 307, 308(3),

                   109, 117(2), 351(2), and 3(5) of the B.N.S., 2023.

                                 3. The case of the prosecution, in short, is that the

                   informant Harshraj who has received a phone call and asked

                   him to come in the lane near the street at about 8:19 in the

                   morning on 05.12.2024, in response of the call as soon as he

                   reached the aforesaid lane, he saw Bittu Kumar along with other

                   accused persons, namely, Raushan Kumar and Chandu Kumar

                   were present there. Bittu Kumar demanded extortion money two
Patna High Court CR. MISC. No.61959 of 2025(5) dt.17-01-2026
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          lakhs on the gun point and also snatched five thousand rupees

          from his pocket and told him to give extortion money of Rs.

          10,000/- every month. Thereafter, all the accused persons

          assaulted him by means of ‘khanti’ and ‘butt’ of country made

          pistol (katta) upon which he suffered serious injury and blood

          started oozing out from his head and he became unconscious.

          After getting this information, his brother Rakesh Kumar @

          Raushan and other persons reached there upon which the

          accused persons also assaulted his brother due to which his left

          hand got fractured. When other persons rushed there, the

          accused persons ran away.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. He has

          falsely been implicated in the present case. He further submits

          that the informant had earlier also lodged a case against the

          petitioner in which the same allegation has been levelled against

          the petitioner.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. Considering the fact that the same informant had

          earlier also lodged a case against the petitioner under Sections

          191(2), 126(2), 115(2), 110, 351(2), and 351(3) of the B.N.S., in
              Patna High Court CR. MISC. No.61959 of 2025(5) dt.17-01-2026
                                                          3/3




                        which the petitioner has already been granted anticipatory bail

                        vide order dated 08.10.2025 passed in Cr. Misc. No. 61863 of

                        2025 and in the present case also, similar allegation has been

                        levelled against the petitioner, it cannot be ruled out that the

                        informant is in the habit of lodging these kind of cases against

                        the petitioner. There has been no recovery from the petitioner

                        and other than the only criminal antecedent as noted

                        hereinabove, there is no other criminal antecedent against the

                        petitioner. Under these circumstances, this Court is inclined to

                        grant privilege of anticipatory bail to the petitioner.

                                     7. Let the petitioner, named above, in the event of his

                        arrest or surrender before the Court below within four weeks

                        from today, 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 A.C.J.M.-I, Jehanabad in

                        connection with Makhdumpur P.S. Case No. 607 of 2024,

                        subject to the conditions laid down under section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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