Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioner is entitled to bail subject to stringent conditions.
Summary
Chandan Kumar was arrested in connection with a case alleging assault and murder of an informant's father, with charges under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that Kumar and his father assaulted the informant and his father, leading to the latter's death, and that Kumar fired at the informant. The petitioner argued that there was no specific allegation against him for the murder, the injury report of the informant was missing, and his father had already been granted bail. The court noted the lack of a specific charge linking Kumar to the deceased’s assault and the absence of an injury report, and therefore granted bail with strict conditions. The bail order required a bond, sureties, cooperation with the trial, and provisions for cancellation if conditions were breached.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of assault and murder under the Bharatiya Nyaya Sanhita and the Arms Act
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 118(2), 126(2), 3(5), 35
Subjects
- bail
- criminal procedure
- assault
- homicide
- Arms Act
- Bharatiya Nyaya Sanhita
- injury report
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87648 of 2025
Arising Out of PS. Case No.-112 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Chandan Kumar, aged about 29 years (Male), son of Sibalak Yadav, resident
of village- Dhobi Bigha, Police Station- Ashthawan, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
For the Informant : Mr. Raj Kishore Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner; learned
Additional Public Prosecutor for the State as well as learned
counsel for the informant, who has appeared suo motu.
2. The petitioner seeks bail in connection with
Asthawan PS Case No.112 of 2025 dated 10.04.2025, instituted
for the offence punishable under Sections 115(2), 126(2),
118(2), 103(1), 35, 3(5) of the Bharatiya Nyaya Sanhita, 2023
and Section 27 of the Arms Act.
3. The prosecution case, in brief, is that while the
informant was working in his filed, the petitioner and his father,
Shiv Balak Yadav along with others indulged in abuse and
assault causing injuries to the informant and the informant’s
father, who succumbed to the injuries.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.87648 of 2025(3) dt.11-02-2026
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there is general and omnibus allegation against the petitioner. It
is specifically alleged that the petitioner fired from roof on the
informant which hit in his leg. There is nothing specific as to
who assaulted the father of the informant. It is also submitted
that there is no injury report of the informant available in the
case diary. Further submission is that the petitioner had no role
in the assault of the deceased since as per the prosecution
version itself the petitioner was at the roof of his house. Further
submission is that father of the petitioner Sibalak Yadav @ Shiv
Balak Yadav has already been granted bail by a co-ordinate
Bench of this Court vide Cr. Misc. No.61277 of 2025. Lastly, it
is submitted that the petitioner is in custody since 24.05.2025
having one criminal case against him.
5. Learned APP as well as learned counsel for the
informant has opposed the prayer for bail. Learned counsel for
the informant submits that there is specific allegation against the
petitioner that he fired on the person of the informant which hit
in his leg. There is also allegation of assault against the
petitioner in the FIR.
6. Having considered the facts and circumstances of
the case and the fact that there is no specific allegation of assault
against the petitioner on the person of the deceased and the fact
Patna High Court CR. MISC. No.87648 of 2025(3) dt.11-02-2026
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that the injury report of the injured-informant is not available in
the case diary, let the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the
Judicial Magistrate, 1st Class, Nalanda at Biharsharif, in
Asthawan PS Case No.112 of 2025, subject to the conditions (i)
that the petitioner shall co-operate in the trial and shall remain
present each and every date fixed by the Court and his absence
on two consecutive dates without sufficient reason shall make
his baill bond cancelled, (ii) that one of the bailors will be his
own blood relation, preferably father, mother, brother, sister and
or his wife, (iii) that the bailor shall also state on affidavit that
he will inform the court concerned if the petitioner is made
accused in any other case of similar nature after his release in
the present case and thereafter the court below will be at liberty
to initiate the proceeding for cancellation of bail on ground of
misuse, and (iv) that if the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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