Chandan Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 90859 of 2025 Arising Out of PS. Case No.-516 Year-2025 Thana- MAHARAJGANJ District- Siwan ====================================================== Chandan Patel S/o Sree Ram Patel @ Sri Ram Prasad Resident of villRisaura, PS- Maharajganj, Distt- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Kumari Anupam, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP For the Informant :
Mr Krishnaditya Tiwari, Adocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-01-2026 Heard Mrs. Kumari Anupam, learned counsel for the petitioner, Mr Krishnaditya Tiwari, learned counsel for the Informant as well as Mr. Abhay Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 29.10.2025 in connection with Maharajganj P.S. Case No. 516 of 2025, F.I.R. dated 22.10.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 351(2), 352, 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged that when he was returning with his brother after nature's call, in the meantime, the petitioner along with other co-accused persons were standing and started assaulting his brother and
Patna High Court CR. MISC. No. 90859 of 2025(2) dt.13-01-2026 2/3 when the informant came to rescue his brother, the accused persons assaulted him also.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. She submits that due to some petty dispute the present occurrence has taken place and there is case and counter case between the parties and although there is specific allegation against the petitioner that he assaulted the brother of the informant by means of knife but there was no intention to kill him and the occurrence happened due to spur of the moment. She further submits that the police after investigation submitted the charge sheet and the petitioner is in custody since 29.10.2025.
5. The learned Additional Public Prosecutor as well as learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner and submits that petitioner has assaulted the brother of the informant by means of knife and he sustained injury which is grievous in nature and apart from that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No. 90859 of 2025(2) dt.13-01-2026 3/3 like amount each to the satisfaction of the learned A.C.J.M-II, Siwan in connection with Maharajganj P.S. Case No. 516 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