Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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