Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50181 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- NOKHA District- Rohtas ====================================================== Chandan Kumar Son of Bharat Chandrabanshi Resident of Village- Kadawan, P.S- Nokha, District Rohtas ... ... Petitioner/s

Versus

The State OF Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar Singh For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. This is the first bail application for grant of anticipatory bail of the petitioner apprehending his arrest in connection with Nokha P.S. Case No. 26 of 2025 registered for the offence under Sections 109(1), 126(2), 115(2), 190, 191(2), 192(2), 193(3), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita and Sections 25 (1-B)a, 26, 27, 35 of the Arms Act.

3. According to the case of prosecution, it is alleged that at the time of incident when the informant was sitting in his door allegedly the present applicant petitioner along with other named and 15-20 unnamed accused persons reached there and they assaulted to the informant with the help of fists and slaps. It is further alleged that at that time, co-accused Suraj Kumar fired

Patna High Court CR. MISC. No.50181 of 2025(2) dt.11-08-2025 2/3 from his Katta, due to that one fire injury has been sustained on the hand of the wife of the informant. Allegedly, on the spot, six accused persons have been caught hold by the villagers and other were fled away from the spot.

4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in the present case due to land dispute with the complainant. He further submits that the allegation of firing has been made against co-accused Suraj Kumar. However, in the medical report of the injured, no fire injury has been found. He further submits that all the six persons caught hold on the spot were already granted Regular Bail by the Co-ordinate Bench of this Court. Since the general allegation has been made against the present applicant, it is prayed by the counsel that the petitioner is also entitled to get benefit of anticipatory bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.

6. Heard.

7. Perused the materials available on record.

8. Considering the submissions put forth by the counsel for the petitioner and further considering the fact that co-accused Suraj Kumar against whom allegation of firing has

Patna High Court CR. MISC. No.50181 of 2025(2) dt.11-08-2025 3/3 been levelled, has already been granted Regular Bail by a Coordinate Bench of this Court, I am of the view that it is a case where the petitioner should also be granted benefit of anticipatory bail.

9. Accordingly, the application is allowed.

10. Let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Sasaram, Rohtas in connection with Nokha P.S. Case No. 26 of 2025, subject to the condition as laid down under Section 482(2) of B.N.S.S. 2023.

(Arvind Singh Chandel , J) shailendra/- U T