Created by Fuzzy Cloud

Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.