Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner under Section 438(2) of the Cr.P.C., subject to stringent conditions.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail in a case where he was accused of molestation, assault and other offences under sections 126(2), 115(2), 303(2), 74, 78 and 3(5) of the BNS, based on an FIR lodged by Madhubala Singh. The prosecution alleged that the petitioner, while intoxicated, touched the complainant inappropriately and assaulted her family members. The petitioner argued that the alleged touching was accidental, he has no prior criminal record, and a prior modification order clarified that earlier antecedent information pertained to another person. The court, considering his youth, lack of antecedents and willingness to cooperate, granted anticipatory bail under Section 438(2) of the Cr.P.C. with specific conditions, including library service, regular police attendance, and a bail bond of Rs.10,000 with two sureties. The order also directed the petitioner to file a supplementary affidavit by 30‑01‑2026 and scheduled a further hearing on 06‑02‑2026.
Issues considered
- What is the appropriate exercise of discretion by the court in granting anticipatory bail under Section 438 of the Criminal Procedure Code in the present facts?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- bail conditions
- molestation
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90583 of 2025
Arising Out of PS. Case No.-795 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Chandan Kumar S/O Raju Beldar @ Raju Prasad R/O Near Pitambara
Mandir, Beldar Toli, Gur ki Mandi, Dhanuki, P.S- Alamganj, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Ambastha, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard Mr. Rajeev Kumar Ambastha, learned counsel
for the petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Alamganj P.S. Case No. 795 of 2025 for the
offence under sections 126(2), 115(2), 303(2), 74, 78 and 3(5) of
the BNS lodged on 27.07.2025 by the informant, Madhubala
Singh.
3. As per the prosecution story, the informant, a
married lady, alleged that while she was buying the vegetable,
the petitioner on a motorcycle with a dog and in an inebriated
state, touched her and made indecent advances. Upon protest
and calling the family members, he resorted to assault. This led
to the FIR.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.90583 of 2025(2) dt.15-01-2026
2/4
inadvertently, while moving on a busy road, the lady may have
been touched but it has been given a different colour leading to
the present FIR. He absolutely have no criminal antecedent and
in the learned Sessions Judge order later, the modification has
come recording that though earlier it was stated that he has
seven criminal antecedents, the modification order dated
28.11.2025 shows that it is against one Veer Prasad and not
against this petitioner.
5. The last submission, on instruction, is that he shall
be visiting the library of the Oriental College, Patna City for a
week beginning 19th of January, 2026 till 24th of January, 2026
and will do the cleaning work of the Books for two hours as
instructed by the Principal/Librarian of the said college and at
the end of the day shall be planting the sapling in the campus, if
granted permission. The entire fact shall be incorporated and
filed by way of supplementary affidavit by 30.01.2026, if relief
is granted to him.
6. Learned APP opposes the prayer submitting that he
tried to outrage the modesty of a lady and upon protest,
alongwith other co-accused, assaulted the family members.
7. Taking into account the submissions of the parties
as also that though allegation is there, he is young boy, has no
Patna High Court CR. MISC. No.90583 of 2025(2) dt.15-01-2026
3/4
criminal antecedent and further undertaken to cooperate in
investigation/appear in trial diligently, in that background, this
Court is inclined to extend him the privilege of anticipatory bail
with conditions that he will visit Oriental College, Patna City
and will do the cleaning of books in its Library from 19 th of
January, 2026 to 24th of January, 2026 as also plant sapling in
the premises on the last day. The Principal of the College shall
be providing a certificate regarding his presence from 19th to 24th
of January, 2026 which the petitioner shall file by way of
supplementary affidavit.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned ACJM-VI, Patna City in connection with
Alamganj P.S. Case No. 795 of 2025 subject to the conditions as
laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
(Aadhaar Card/Voter ID Card/Pan Card/Driving License)
document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.90583 of 2025(2) dt.15-01-2026
4/4
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
9. Let the matter come up under the heading ‘To be
Mentioned’ on 06.02.2026 when the supplementary affidavit
filed by the petitioner will be perused.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…