Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45858 of 2026 Arising Out of PS. Case No.-54 Year-2025 Thana- Gidhaur District- Jamui ====================================================== Chandan Kumar Son of Rajendra Mandal Resident of Village- Mahuligarh, P.O. and P.S.- Gidhaur, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kajal, Advocate :
Mr. Pintu Kumar Patel, Advocate :
Mrs. Puja Kumari, Advocate For the APP :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2026 Heard Ms. Kajal, learned counsel for the petitioner as well as Mr. Rajendra Nath Jha, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 12.05.2026 in connection with Gidhaur P.S. Case No. 54 of 2025, F.I.R. dated 25.03.2025 for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 118(1), 118(2), 351, 352 and 3(5) of the Bharatiya Nyay Sanhita, 2023
3. According to prosecution case, it is alleged that the petitioner along with other accused persons assaulted the informant and her husband by means of Tangi, Khanti and Iron rod and snatched some ornaments from the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.45858 of 2026(2) dt.03-07-2026 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the FIR that due to some petty dispute, the present occurrence has taken place and there is case and counter case between the parties. Although petitioner is named in the FIR and there is specific allegation against him that he assaulted the husband of the informant by means of iron rod on his head which is not a vital part of the body. He next submits that and similarly situated co-accused persons, namely, Rajendra Mandal, Sukh Dev Mandal and Chandan Kumar have been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 17.09.2025 in Cr. Misc. No. 65397 of 2025. The petitioner is in custody since 12.05.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and injury inflicted on the injured person is on head which is not a vital part of the body, and similarly situated co-accused persons have been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
Patna High Court CR. MISC. No.45858 of 2026(2) dt.03-07-2026 3/3 sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Jamui in connection with Gidhaur P.S. Case No. 54 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