Patna High Court

Chandan Kumar @ Chandan Yadav @ BheraversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Chandan Kumar, was arrested in connection with a violent incident on 17 February 2024 in which 14 accused allegedly ambushed a man, fired gunshots, inflicted knife injuries and assaulted the victim's family. The prosecution alleges the petitioner participated, but the defence argues that only a vague allegation of "catching hold of the victim's hand" is made against him, with no specific overt act. The petitioner has been in custody since 19 August 2025 and has two prior criminal records. The State opposed bail, citing the seriousness of the offences listed under multiple IPC sections and the Arms Act. Considering the lack of specific incriminating conduct, the length of pre‑trial detention, and the petitioner's antecedents, the Court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the grave nature of the offences alleged under the IPC and Arms Act
Whether the specific allegations against the petitioner are sufficient to justify denial of bail
Whether the period of pre‑trial custody and the petitioner's prior criminal antecedents affect the bail decision

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 120B, 147, 148, 149, 302, 323, 34, 341, 342, 354, 504, 506

Subjects

bail
Indian Penal Code
Arms Act
pre‑trial detention
false implication
serious offences
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90305 of 2025
                      Arising Out of PS. Case No.-90 Year-2024 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Chandan Kumar @ Chandan Yadav @ Bhera Son of Sanjay Yadav R/O Vill-
                 Kharuara, P.S.- Harnaut (Chero O.P.) Distt.- Nalanda



                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :
                 For the Petitioner/s     :      Ms. Priyanka Singh, Advocate
                 For the Opposite Party/s :      Ms. Madhuri Lata, APP
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                    ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Harnaut

                   (Chero O.P.) P.S. Case No. 90 of 2024 instituted for the offences

                   under Sections 147, 148, 149, 341, 342, 323, 354, 302, 504,

                   506, 120B, 34 of the Indian Penal Code and Section 27 of the

                   Arms Act.

                               3. Prosecution case, in short, is that on 17.02.2024

                   near Kharuara bridge, the informant’s husband was waylaid by

                   14 named accused, including the petitioner, who surrounded him
Patna High Court CR. MISC. No.90305 of 2025(2) dt.15-01-2026
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          and fired multiple gunshots and inflicted a knife injury, causing

          grievous injuries. When the informant and her family

          intervened, they were assaulted, and the accused fled away

          firing shots.

                      4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case.

          Learned counsel for the petitioner submitted that general and

          omnibus allegation has been made against the petitioner. No

          specific overt act is alleged against the petitioner. The specific

          allegation of firing is against co-accused Gautam @ Lallu. The

          only specific allegation against the petitioner is of catching hold

          of the victim’s hand. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 19.08.2025 and

          has two criminal antecedents.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.90305 of 2025(2) dt.15-01-2026
                                                       3/3




                     below/concerned Court in connection with Harnaut (Chero

                     O.P.) P.S. Case No. 90 of 2024.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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