Patna High Court
Chandu Kumar @ Chandan Kumar @ Chintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 110, 115(2), 117(2), 126(2), 127(2), 191(2), 307, 308(3), 3(5), 351(2), 351(3), 482(2)
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
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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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