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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Chandan Kumar was arrested on 25 September 2025 in connection with a case where he was alleged to have surrounded an informant and his brother and fired upon the informant, causing a simple shoulder injury. The petitioner pleaded innocence, claiming a prior dispute led to false implication, and sought bail. The prosecution opposed bail, highlighting specific allegations of firing and the petitioner’s involvement in two other cases. The court noted that the injury was simple in nature and, after considering the circumstances, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay pending verification.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the charges under the B.N.S. and Arms Act.
  • Whether the nature of the injury and the existence of other pending cases justify denial of bail.

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 351(3), 352

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • B.N.S.
  • injury
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88336 of 2025
                    Arising Out of PS. Case No.-248 Year-2025 Thana- NAGARNAUSA District- Nalanda
                 ======================================================
                 Chandan Kumar S/o Late Harinandan Yadav Resident of Village-
                 Moniyampur, P.S.- Nagarnausa, District- Nalanda
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Prasad Singh, Sr. Advocate
                                                  Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 For the Informant        :       Mr. Durgesh Nandan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-01-2026                     Heard Mr. Rakesh Kumar, learned counsel for the

                   petitioner and Mr. Binod Kumar, learned Additional Public

                   Prosecutor for the State.

                                 2. The petitioner seeks bail, who is in custody since

                   25.09.2025 in connection with Nagarnausa P.S. Case No. 248 of

                   2025, F.I.R. dated 24.09.2025 for the offences punishable under

                   Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1), 352,

                   351(3) of the B.N.S. and Section 27 of the Arms Act.

                                 3. According to prosecution case, petitioner and other

                   accused persons are alleged to have surrounded the informant

                   and his brother and fired upon the informant which hit him on

                   left shoulder.

                                 4. Learned senior counsel for the petitioner submits

                   that petitioner is innocent and due to previous dispute he has

                   falsely been implicated in the present case. Although, the
Patna High Court CR. MISC. No.88336 of 2025(2) dt.15-01-2026
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          specific allegation in the F.I.R. against the petitioner is that he

          has fired upon the informant by means of firearms and the

          informant has received the injury but the injury report of the

          informant suggest that injuries are found to be simple in nature

          caused by firearms. The police after investigation, submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 25.09.2025.

                       5. Learned APP for the State and informant have have

          vehemently opposed the prayer for bail of the petitioner and

          submits that it appears from the F.I.R. that there is direct and

          specific allegation of firing is attributed against the petitioner

          and the petitioner carries two more cases other than the present

          one.

                       6. Considering the aforesaid facts and circumstances,

          injury inflicted upon the informant is found to be simple in

          nature, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          A.C.J.M.,      Hilsa,     District-     Nalanda      in connection   with

          Nagarnausa P.S. Case No. 248 of 2025, with the following

          conditions:

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.88336 of 2025(2) dt.15-01-2026
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                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   ii. 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.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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