Patna High Court
Chandan OranversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Chandan Oran, was arrested in connection with an assault and robbery alleged to have occurred on 24.05.2025, involving multiple offences under the Bharatiya Nyaya Sanhita, 2023. He applied for bail, claiming no prior criminal record and that the FIR does not specifically allege his participation, describing the charge as general and omnibus. The State opposed the bail, citing the seriousness of the offences. The court examined the lack of specific allegation against the petitioner, his period of custody, and the absence of recovered stolen property from his possession. Finding no concrete evidence linking him directly to the injuries and theft, the court decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023
- Whether the FIR specifically implicates the petitioner, justifying denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 121(2), 126(2), 127(2), 223, 303(2), 3(5)
Subjects
- bail
- criminal procedure
- assault
- robbery
- Bharatiya Nyaya Sanhita
- charges
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7150 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- Amdanda District- Bhagalpur
======================================================
Chandan Oran S/O Nehru Oran @ Ganju Oran R/O Vill.- Dhangar Sahi
Kajha, P.S- Amdanda, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Amdanda P.S. Case No. 78 of 2025 instituted for the offence
under Sections 126(2), 127(2), 115(2), 117(2), 109, 121(2), 223,
303(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
24.05.2025, while the informant was conducting a government
survey, accused Dilip Oran abused him, obstructed the survey,
snatched and damaged his belongings, and later chased him with
others. At a lonely place, Dilip Oran, Gannu Oran and Chandan
Oran (petitioner) assaulted the informant with lathi and iron rod
causing head injury and fracture of both legs, and petitioner also
Patna High Court CR. MISC. No.7150 of 2026(2) dt.04-02-2026
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looted Rs. 1,500/- and a gold takti from his neck.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 24.07.2025. Petitioner
bears no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. From perusal of the FIR, it would manifest that there is no
specific allegation against the petitioner, rather the same is
general and omnibus in nature. From perusal of the impugned
order, injury caused by petitioner is found to be simple in
nature. Nothing has been recovered from the conscious
possession of the petitioner.
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
no specific allegation against the petitioner, 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
Patna High Court CR. MISC. No.7150 of 2026(2) dt.04-02-2026
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below/concerned Court in connection with Amdanda P.S. Case
No. 78 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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