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2026 DAILYLAW 5712 (PAT)

Chandan Kumar @ Chandan Raj v. The State of Bihar

CR. MISC./13879/2026 · 2026-03-18

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13879 of 2026 Arising Out of PS. Case No.-730 Year-2025 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Chandan Kumar @ Chandan Raj S/O Naresh Kumar @ Naresh Prasad @ Naresh Prasad Yadav R/o- Sipara Gandhi Murti Ke Pass P.s- Beur, Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ghanshyam Tiwary, Adv. For the Opposite Party/s : Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 18-03-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 02. In the present case, the petitioner is apprehending his arrest in connection with Ramkrishna Nagar P.S. Case No. 730 of 2025 registered for the alleged offences under Section 126(2), 115(2), 352, 109(1), 3(5) of the BNS and Section 27 of the Arms Act. 03. As per prosecution case, the informant was called out by coaccused Abhishek Kumar on his mobile phone and when the informant reached the designated place, the petitioner along with coaccused persons were present there who started assaulting the informant. Coaccused Abhishek Kumar drew out a pistol and indiscriminately fired upon the informant and one such shot hit the informant in his neck. Patna High Court CR. MISC. No.13879 of 2026(2) dt.18-03-2026 2/3 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no specific allegation against the petitioner who is stated to the present merely at the spot. Learned counsel further submits that further there is general and omnibus allegation against the petitioner and other coaccused persons for assaulting the informant but the said allegation is superfluous. The specific allegation of opening fire is against coaccused Abhishek Kumar. Further the said coaccused has been granted regular bail by the learned trial court. Similarly situated coaccused Amarjeet Yadav has been granted anticipatory bail by a Coordinate Bench vide order dated 04.02.2026 passed in Cr. Misc. No. 2739 of 2026 and the case of the petitioner is almost on similar footing. Learned counsel reiterates that there is no specific allegation against the petitioner either for assaulting or opening fire upon the informant. The petitioner is having antecedent of one case under Bihar Prohibition and Excise Act and Arms Act. 05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner. Learned A.P.P. submits that the name of the petitioner transpired in the confessional statement of the coaccused Abhishek Kumar. 06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the Patna High Court CR. MISC. No.13879 of 2026(2) dt.18-03-2026 3/3 general and non-specific nature of allegation against the petitioner and also considering grant of anticipatory bail to similarly places coaccused, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned JMFC, Patna in connection with Ramkrishna Nagar P.S. Case No. 730 of 2025, subject to the condition laid down under Section 482(2) 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. Anuradha/- (Arun Kumar Jha, J) U T