Chandan PatelversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 90859 of 2025
                    Arising Out of PS. Case No.-516 Year-2025 Thana- MAHARAJGANJ District- Siwan
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                 Chandan Patel S/o Sree Ram Patel @ Sri Ram Prasad Resident of vill-
                 Risaura, PS- Maharajganj, Distt- Siwan

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Kumari Anupam, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
                 For the Informant        :      Mr Krishnaditya Tiwari, Adocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-01-2026                      Heard Mrs. Kumari Anupam, learned counsel for the

                   petitioner, Mr Krishnaditya Tiwari, learned counsel for the

                   Informant as well as Mr. Abhay Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   29.10.2025 in connection with Maharajganj P.S. Case No. 516 of

                   2025, F.I.R. dated 22.10.2025 for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 109, 351(2), 352, 3(5) of the

                   Bharatiya Nyay Sanhita, 2023.

                               3.     According to prosecution case, the informant

                   alleged that when he was returning with his brother after nature’s

                   call, in the meantime, the petitioner along with other co-accused

                   persons were standing and started assaulting his brother and
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          when the informant came to rescue his brother, the accused

          persons assaulted him also.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. She submits that due to some petty dispute the

          present occurrence has taken place and there is case and counter

          case between the parties and although there is specific allegation

          against the petitioner that he assaulted the brother of the

          informant by means of knife but there was no intention to kill

          him and the occurrence happened due to spur of the moment. She

          further submits that the police after investigation submitted the

          charge sheet and the petitioner is in custody since 29.10.2025.

                      5. The learned Additional Public Prosecutor as well as

          learned counsel for the Informant have vehemently opposed the

          prayer for bail of the petitioner and submits that petitioner has

          assaulted the brother of the informant by means of knife and he

          sustained injury which is grievous in nature and apart from that

          the petitioner carries one criminal antecedent other than the

          present one but fairly submits on the basis of paragraph-3 of the

          bail application that the petitioner is on bail in the said matter.

                       6. Considering the aforesaid facts and circumstances,

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

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
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                      like amount each to the satisfaction of the learned A.C.J.M-II,

                      Siwan in connection with Maharajganj P.S. Case No. 516 of

                      2025, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his 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)
Suruchi/-

U      T