Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90583 of 2025 Arising Out of PS. Case No.-795 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== Chandan Kumar S/O Raju Beldar @ Raju Prasad R/O Near Pitambara Mandir, Beldar Toli, Gur ki Mandi, Dhanuki, P.S- Alamganj, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar Ambastha, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-01-2026 Heard Mr. Rajeev Kumar Ambastha, learned counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in connection with Alamganj P.S. Case No. 795 of 2025 for the offence under sections 126(2), 115(2), 303(2), 74, 78 and 3(5) of the BNS lodged on 27.07.2025 by the informant, Madhubala Singh.
3. As per the prosecution story, the informant, a married lady, alleged that while she was buying the vegetable, the petitioner on a motorcycle with a dog and in an inebriated state, touched her and made indecent advances. Upon protest and calling the family members, he resorted to assault. This led to the FIR.
4. Learned counsel for the petitioner submits that
2/4 inadvertently, while moving on a busy road, the lady may have been touched but it has been given a different colour leading to the present FIR. He absolutely have no criminal antecedent and in the learned Sessions Judge order later, the modification has come recording that though earlier it was stated that he has seven criminal antecedents, the modification order dated 28.11.2025 shows that it is against one Veer Prasad and not against this petitioner.
5. The last submission, on instruction, is that he shall be visiting the library of the Oriental College, Patna City for a week beginning 19th of January, 2026 till 24th of January, 2026 and will do the cleaning work of the Books for two hours as instructed by the Principal/Librarian of the said college and at the end of the day shall be planting the sapling in the campus, if granted permission. The entire fact shall be incorporated and filed by way of supplementary affidavit by 30.01.2026, if relief is granted to him.
6. Learned APP opposes the prayer submitting that he tried to outrage the modesty of a lady and upon protest, alongwith other co-accused, assaulted the family members.
7. Taking into account the submissions of the parties as also that though allegation is there, he is young boy, has no
3/4 criminal antecedent and further undertaken to cooperate in investigation/appear in trial diligently, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions that he will visit Oriental College, Patna City and will do the cleaning of books in its Library from 19th of January, 2026 to 24th of January, 2026 as also plant sapling in the premises on the last day. The Principal of the College shall be providing a certificate regarding his presence from 19th to 24th of January, 2026 which the petitioner shall file by way of supplementary affidavit.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-VI, Patna City in connection with Alamganj P.S. Case No. 795 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official (Aadhaar Card/Voter ID Card/Pan Card/Driving License) document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
4/4 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
9. Let the matter come up under the heading 'To be Mentioned' on 06.02.2026 when the supplementary affidavit filed by the petitioner will be perused.
(Rajiv Roy, J) Adnan/- U T