Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73717 of 2025 Arising Out of PS. Case No.-520 Year-2024 Thana- GOPALPUR District- Patna ====================================================== 1.
Chandan Kumar, S/o Sundar Rai @ Shyam Sundar Prasad, R/o villShahpur, P.S.- Gopalpur, Dist.- Patna 2.
Kundan Kumar, S/o Sundar Rai @ Shyam Sundar Prasad, R/o vill- Shahpur, P.S.- Gopalpur, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Pandey, Adv.
For the Opposite Party/s :
Dr. Mrs. Indiwar Kumari, APP For the Informant :
Mr. Krishna Murari Prasad, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-11-2025 Heard Mr. Vinod Pandey, learned Advocate appearing on behalf of the petitioners and Dr. Mrs. Indiwar Kumari, learned Additional Public Prosecutor for the State. The informant is represented through Mr. Krishna Murari Prasad, learned Advocate.
2. This is the second attempt made on behalf of the petitioners for grant of his bail in connection with Sessions Trial No. 1886 of 2025 arising out of Gopalpur P.S. Case No. 520 of 2024 registered for the offence punishable under Sections 191(2), 190, 126, 115(2), 109, 74, 303(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Earlier the prayer for bail of the petitioners was
Patna High Court CR. MISC. No.73717 of 2025(2) dt.07-11-2025 2/3 rejected by this Court vide order dated 06.08.2025 passed in Criminal Miscellaneous No. 31260 of 2025 after taking into consideration the specific accusation of causing grievous injury upon the husband of the informant.
4. Learned Advocate appearing on behalf of the petitioners submitted that while negating the prayer for bail of the petitioner liberty was accorded to him to renew his prayer for bail after framing of the charge. Taking this Court through Annexure P/3, it is submitted that the charges have already been framed against the petitioners and others vide order dated 18.09.2025 passed by the learned trial Court. He would thus submit that now the petitioners have been incarcerated since 24.01.2025, having fair antecedent and undertakes that they will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Additional Public Prosecutor for the State and the learned Advocate for the informant vehemently opposes the bail application and submits that the grievous injury is attributed to the petitioners, besides they have actively participated and assaulted others also.
6. Considering the submissions advanced on behalf of learned Advocate for the respective parties and taking note of the observation made by this Court on the last occasion; as also
Patna High Court CR. MISC. No.73717 of 2025(2) dt.07-11-2025 3/3 the fact that now the charges have been framed and the petitioners undertake that they will fully cooperate in the proceeding, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Vth, Patna in connection with Gopalpur P.S. Case No. 520 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioners will cooperate in conclusion of the trial.
(ii) They will remain present on each and every date of trial till disposal of the case.
(iii) They will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, their bail bonds will liable to be cancelled.
(Harish Kumar, J) supratim/- U T