Chandan Yadav @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79484 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- MANSI RAIL P.S. District- Khagaria ====================================================== Chandan Yadav @ Chandan Kumar Son of Sanjay Yadav @ Jawahar Yadav R/o Chak Hussaini(Khutiya), P.S. - Mansi, District - Khagaria, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Vikram, Advocate Mr. Dhananjay Kumar, Advocate Ms. Srishti Kumari, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mansi Rail P.S. Case No. 02 of 2025, instituted for the offences punishable under Sections 126(2), 109, 352, 3(5) of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that while the informant was coming home with his colleagues, in the meantime, the petitioner along with other co-accused person stopped them, started abusing and co-accused Jitendra Kumar fired upon the informant which hit his below left waist.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.79484 of 2025(3) dt.11-02-2026 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case and charge has already been framed against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that no specific overt act has been alleged against the petitioner. It is further submitted that specific allegation of firing is levelled against co-accused, namely, Jito @ Jitendra Kumar. The petitioner has been arrested only on the basis of suspicion. The petitioner is in custody since 23.04.2025 and has got fifteen criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mansi Rail P.S. Case No. 02 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.79484 of 2025(3) dt.11-02-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner will not tamper with the evidence or the witnesses during the trial.

(IV) Petitioner shall not commit offence of similar nature in future.

If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T