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Patna High Court

Chandan KumarversusThe State Of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court rejected the petition for anticipatory bail, holding that the circumstances did not merit the grant of such relief.

Summary

The petitioner, Chandan Kumar, sought anticipatory bail fearing arrest in a mob‑lynching case (PS Case No.15 of 2024) involving offences under Sections 147, 149, 341, 323, 307, 302, 379, 504 and 506 of the IPC. He asserted a clean record and claimed he was falsely implicated based on a custodial confessional statement of Alok Chauhan, which he argued lacks evidentiary value. The State contended that the case involved brutal assaults leading to three deaths and that anticipatory bail was inappropriate, especially as police needed to question the accused. The court noted the seriousness of the alleged mob lynching and the need for investigation, and declined to extend the privilege of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged mob lynching and multiple serious IPC offences
  • Whether a confessional statement made in police custody can be relied upon to deny bail
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • mob lynching
  • confessional statement
  • Indian Penal Code
  • criminal procedure
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67308 of 2025
                    Arising Out of PS. Case No.-15 Year-2024 Thana- NAVINAGAR District- Aurangabad
                 ======================================================
                 Chandan Kumar S/O Late Karamdev Chouhan @ Krmdev Chauhan R/O
                 Village- Futharwa @ Phutharwa, P.S.- Nabinagar, District- Aurangabad, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Rupa Kumari
                 For the Opposite Party/s :       Mr.Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-02-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in connection

                   with Nabinagar P.S. Case No.15 of 2024 registered for the

                   offences punishable under Sections 147, 149, 341, 323, 307,

                   302, 379, 504, 506 of the IPC.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that he along with his friends were going to Sasaram, on

                   the way driver of a Dumper and a motorcyclist entered into an

                   altercation with regard to parking of vehicle, in the meantime

                   someone fired, thereafter crowd gathered and started assaulting

                   him and his friends, it is next alleged that Arman, Anjar and

                   Mujahid were beaten to death by the mob.
Patna High Court CR. MISC. No.67308 of 2025(2) dt.10-02-2026
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                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case based

          on confessional statement of Alok Chauhan in police custody

          which does not have any evidentiary value. It is also submitted

          that Nabinagar P.S. Case No.14 of 2024 was instituted against

          the informant and his side alleging that it were they who fired

          causing death of Ram Sharan Chauhan.

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

          anticipatory bail of the petitioner and submits that it is a case of

          mob lynching where three persons were killed. It is also

          submitted that assault was so brutally that it led to death of three

          persons. It is next submitted that it is not a fit case for grant of

          anticipatory bail as the case requires questioning by the police

          of the accused persons whose name transpired in the case. It is

          next submitted that similarly situated co-accused Shiv Chauhan

          had approached this Court seeking anticipatory bail by filing Cr.

          Misc No. 30971 of 2024 and the same came to be rejected by an

          order dated 30-8-2024.

                   6.     Considering the submission made by learned APP,

          the Court is not inclined to extend the privilege of anticipatory

          bail to the petitioner.

                   7.     Accordingly, the prayer for anticipatory bail of the
              Patna High Court CR. MISC. No.67308 of 2025(2) dt.10-02-2026
                                                          3/3




                        petitioner is rejected.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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