Patna High Court
Chandan Kumar @ Chandan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Chandan Kumar and Shrikant Kumar, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. for alleged assault on an informant and his family. They contended that the allegations were vague, arising from a long‑standing land dispute that led to a mutual fight, and that they had not committed any specific overt act. They also highlighted that co‑accused in the same case had already been granted anticipatory bail. The State and the informant opposed the bail, arguing the seriousness of the offences. Considering the general nature of the accusations, the parity with co‑accused, and the surrounding circumstances, the Court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs 10,000 with two sureties within eight weeks, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the pending charges under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 117(2), 109 and 74 of the B.N.S.
- Whether the general and omnibus nature of the allegations and the existence of a land‑dispute context justify the grant of anticipatory bail
- Whether parity with co‑accused who have already received anticipatory bail warrants a similar order
Legislation cited
Subjects
- anticipatory bail
- assault
- land dispute
- general allegations
- parity
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9316 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- Bankebazar District- Gaya
======================================================
1. Chandan Kumar @ Chandan Yadav S/O Rambali Yadav R/O Village- Juri
(Bechu Bigha) P.S.- Banke Bazar, Dist.- Gaya
2. Shrikant Kumar S/O Ravindra yadav R/O Village- Juri (Bechu Bigha) P.S.-
Banke Bazar, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Vijay Kumar, Advocate
For the State : Mr. Uday Chand Prasad, APP
For the Informant : Mr. Anurag Kumar Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-04-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 127(2), 115(2), 117(2), 109 and 74 of the
B.N.S..
3. As per prosecution case, it is alleged that all 7 F.I.R.
named accused persons, including these petitioners, assaulted
informant and his family members as a result of which, they
sustained multiple injuries.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.9316 of 2026(3) dt.09-04-2026
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behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Both parties are descendants of
common ancestors and on account of long standing land dispute,
a simple maar-peet took place between the parties in which both
sides sustained injuries. There is case and counter-case.
Allegation of assault is general and omnibus and no specific
accusation of overt act has been alleged against these
petitioners. It is further submitted that similarly situated co-
accused persons have already been granted the privilege of
anticipatory bail by this Hon’ble Court vide order dated
23.02.2026 passed in Cr. Misc. No. 8735 of 2026.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case between the parties and claim based on parity, the
prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.9316 of 2026(3) dt.09-04-2026
3/3
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Sherghati at Gaya in connection with Banke Bazar P.S.
Case No. 160 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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