Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86252 of 2025 Arising Out of PS. Case No.-279 Year-2025 Thana- DHAKA District- East Champaran ====================================================== Chandan Kumar S/O Shyam Sundar Chaudhary R/O Village- Phulwariya, P.S- Dhaka, Distt.- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Md. Shakir Ahmad, A.P.P.
For the Informant :
Mr. Prateek Tandon, Mr. Rohit Ranjan, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 109, 103(1) and 61(2) of the Bharatiya Nyaya Sanhita.
3. The prosecution case, in brief, is that on 04.06.2025 at about 8:30 PM, all the F.I.R. named accused persons, including this petitioner, abused and assaulted father of informant with lathi and bricks due to which, he died during course of treatment.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.86252 of 2025(2) dt.09-02-2026 2/3 committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against co-accused Vishwajeet and Abhishek, who are alleged to have assaulted father of informant with lathi. There are general and omnibus nature of allegation and no specific accusation of overt act has been alleged against this petitioner. As per F.I.R., all 12 named accused persons, including this petitioner, assaulted father of informant, however, doctor has found only two injuries on the body of the deceased which itself falsifies the entire prosecution case. Similarly situated co-accused person, namely Dipu Kumar, has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 12.11.2025 passed in Cr. Misc. No. 76855 of 2025. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedent of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.86252 of 2025(2) dt.09-02-2026 3/3 petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dhaka, District- East Champaran in connection with Dhaka P.S. Case No. 279 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J) Navya/- U T