Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
Chandan Kumar was arrested in connection with a case of assault on an informant and his mother, alleged to have been committed with lathi and danda. He faces charges under Sections 191(2), 190, 126(2), 115(2), 109, 303(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he has no prior criminal record, was falsely implicated, and that the allegations against him are vague and the injury was minor, noting that a co‑accused had already been granted bail. The State opposed bail. Considering the petitioner’s custody period, lack of antecedents, the case‑and‑counter‑case context, and the precedent of bail to a co‑accused, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s claim of false implication and lack of specific allegations warrants bail.
- Whether the existence of a case‑and‑counter‑case between the parties influences the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 352
Subjects
- bail
- criminal procedure
- assault
- false implication
- case and counter case
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6814 of 2026
Arising Out of PS. Case No.-419 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Chandan Kumar Son of Mohan Rai @ Mohan Ray Resident of village -
Dhepura, Police Station - Dalsingsarai, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Dalsingsarai P.S. Case No. 419 of 2025 instituted for the offence
under Sections 191(2), 190, 126(2), 115(2), 109, 303(2) & 352
of the Bharatiya Nyaya Sanhita, 2023.
3. As per prosecution case, petitioner along with other
co-accused persons, armed with lathi and danda, assaulted the
informant and his mother.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 22.11.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.6814 of 2026(3) dt.24-02-2026
2/2
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel for the petitioner submits that there is no
specific allegation against the petitioner, rather the same is
general and omnibus in nature. Injury of the injured is found to
be simple in nature. There is case and counter case between the
parties. Other co-accused has been granted bail by a Co-ordinate
Bench of this Court vide order dated 10.12.2025, passed in Cr.
Misc. No. 85353 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and there being
case and counter case between the parties, this Court is inclined
to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dalsingsarai P.S.
Case No. 419 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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