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2026 DAILYLAW 31279 (PAT)

Chandan Kumar v. The State of Bihar

CR. MISC./3678/2026 · 2026-02-04

Jitendra Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3678 of 2026 Arising Out of PS. Case No.-416 Year-2025 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1. Chandan Kumar, Son of Dwarika Singh, Resident of Village- Madhobigha Ps -Muffasil District -Nawada 2. Kunal Kumar, son of Badri Singh, Resident of Village- Madhobigha P.S -Muffasil District -Nawada 3. Aditya Kumar @ Aditya Singh, son of Yadu Singh, Resident of Village- Madhobigha P.S. -Muffasil District -Nawada 4. Navdeep Chadravanshi @ Navdeep Kumar, son of Chandradeep Singh, Resident Of Village- Madhobigha P.S. -Muffasil District -Nawada 5. Navin Kumar, son of Aditya Singh, Resident of Village- Madhobigha P.S. -Muffasil District -Nawada 6. Tapan Kumar, son of Mahendra Singh, Resident of Village- Madhobigha Ps -Muffasil District -Nawada 7. Vishwajeet Kumar @ Latan, son of Dhirendra Singh @ Dheerendra Kumar, Resident Of Village- Madhobigha Ps -Muffasil District -Nawada 8. Mannu Kumar @ Suman Kumar, son of Dipak Kumar, Resident of Village- Madhobigha P.S. -Muffasil District -Nawada. ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Sheo Kumar Prasad, Advocate For the State : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 2 04-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Nawada Muffasil PS. Case No.416 of 2025 dated-28.09.2025, registered for the offences punishable under Sections 191(2), Patna High Court CR. MISC. No.3678 of 2026(2) dt.04-02-2026 2/4 191(3), 190, 126(2), 115(2), 74, 109, 352, 351(2), 351(3) of the B.N.S., 2023. 3. As per allegation, the Petitioners and other co- accused assaulted the informant and his family members. 4. Learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that the alleged injury is simple in nature. He also submits that the other seven co-accused have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated. 28.01.2026 passed in Cr. Miscellaneous No.2590 of 2026. He further submits that even the case against the co-accused, Tipu Kumar is the most serious, but even he has been already enlarged on bail. Hence, the case of the Petitioners are on better footing than that of the co- accused, Tipu Kumar. 5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case. 6. It has further been stated in paragraph no.3 of the petition that the petitioner nos.1, 2, 6, 7 and 8 have no criminal antecedents whereas the Petitioner nos. 3, 4, and 5 have been made accused in one, one and two cases each respectively. Patna High Court CR. MISC. No.3678 of 2026(2) dt.04-02-2026 3/4 7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail. 8. Considering the simple nature of the alleged injury and also the fact that similarly situated co-accused have been already enlarged on bail by a co-ordinate Bench of this Court, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Nawada Muffasil PS. Case No.416 of 2025, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same. (ii) In case, it is brought to the notice of the court Patna High Court CR. MISC. No.3678 of 2026(2) dt.04-02-2026 4/4 below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners. Chandan/- (Jitendra Kumar, J.) U T