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Patna High CourtCR. MISC./1558/2026bail granted

Chandan Kumar v. The State Of Bihar

2026-01-15Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1558 of 2026 Arising Out of PS. Case No.-134 Year-2025 Thana- FATEHPUR District- Gaya ====================================================== Chandan Kumar S/o Sunil Kumar Singh @ Sunil Kumar, R/o Village - Mayapur, P.S.- Fatehpur, District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Isshan Siingh, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Fatehpur P.S. Case No. 134 of 2025 dated 26.02.2025, registered for the offences punishable under Sections 126(2), 115(2), 303(2), 308(2), 109, 352 and 351(2) read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, petitioner and other co-accused persons came to the shop of the informant and purchased some articles. When the informant demanded the payment, he was assaulted by them with belt, slaps and fists. Subsequently, the petitioner took out a pistol and knife and assaulted the informant. The assailants also took away is gold chain and rupees one lakh and twenty-five thousand cash from

Patna High Court CR. MISC. No.1558 of 2026(2) dt.15-01-2026 2/3 his cash box. Further allegation against the petitioner is that he fired a shot upon the informant which missed.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in the present case and the allegation levelled against him is false and concocted. The prosecution story is not believable and the FIR has been lodged after delay of two days without any plausible explanation. No injury has been sustained by the informant and the story of keeping Rs. 1,25,000/- cash in the cash box of a roadside shop is not believable. The matter has been compromised between the parties and an application to this effect has been filed before the Court of learned Chief Judicial Magistrate, Gayaji. Learned counsel next submits that petitioner is having antecedent of two cases and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 06.05.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of chargesheet, the petitioner, above-named, is directed to be

Patna High Court CR. MISC. No.1558 of 2026(2) dt.15-01-2026 3/3 released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-X, Gayaji / concerned Court, in connection with Fatehpur P.S. Case No. 134 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T