Allowed¶21

Chandan Kumar v. The State of Bihar

Patna HC12 Feb 2025CR. MISC./3876/2025

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No.3876 of 2025; Purnendu Singh J; 12-02-2025; pre-arrest bail; anticipatory bail; Chandan Kumar; Nardiganj P.S. Case No. 343 of 2024; Nawada; BNS 2023 Sections 126(2), 115(2), 352, 303(2), 351(2), 118(1), 3(5); BNSS 2023 Section 482(2); iron-rod assault on head; intention to kill; counsel's self-defence and clean-antecedent submissions; bail bond Rs. 25,000 with two sureties; A.C.J.M. II Nawada; automatic forfeiture of bail order if other pending case verified.

What did the court decide?

Pre-arrest bail granted: petitioner to be released on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of learned A.C.J.M. II, Nawada, subject to Section 482(2) B.N.S.S. 2023 conditions and District Court verification of the petitioner's criminal antecedents.

Chandan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner should be granted pre-arrest (anticipatory) bail in connection with Nardiganj P.S. Case No. 343 of 2024, registered for offences punishable under Sections 126(2), 115(2), 352, 303(2), 351(2), 118(1), 3(5) of the B.N.S., 2023.

¶15

Court's answer

Considering the nature of the allegation made in the FIR, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks, on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the condition laid down under Section 482(2) of the B.N.S.S., 2023.

¶21

Ratio / Principle

The grant is conditional: the learned District Court must verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application, and if any other case is found pending against the petitioner, this order will lose its force automatically.

¶23

Detailed headnote1 paragraphs

Pre-arrest bail granted to Chandan Kumar in Nardiganj P.S. Case No. 343 of 2024 (District Nawada), registered for offences punishable under Sections 126(2), 115(2), 352, 303(2), 351(2), 118(1), 3(5) of the Bharatiya Nyaya Sanhita (B.N.S.), 2023. Considering the nature of the allegation in the FIR (assault on the informant's daughter with an iron-rod on her head with intent to kill), the petitioner is to be released on pre-arrest bail upon arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of learned A.C.J.M. II, Nawada, subject to Section 482(2) of the B.N.S.S., 2023. The learned District Court is further directed to verify the petitioner's criminal antecedent as stated in paragraph no. 3 of the bail application; if any other case is found pending, this order will lose its force automatically.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3876 of 2025

¶2

Arising Out of PS. Case No.-343 Year-2024 Thana- NARDIGANJ District- Nawada

¶3

======================================================

¶4

Chandan Kumar S/o- Anil Ravidas R/o- vill Sahajpura, PS- Nardiganj, DisttNawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Abhay Kumar, A.P.P. ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

¶12

2 12-02-2025

¶13

Heard Mr. Saroj Kumar Choudhary, learned counsel

¶14

appearing on behalf of the petitioner and Mr. Abhay Kumar, learned APP for the State.

¶15

The petitioner seeks pre-arrest bail in connection with Nardiganj P.S. Case No. 343 of 2024, registered for the offence punishable under Sections 126(2), 115(2), 352, 303(2), 351(2), 118(1), 3(5) of the Bharatiya Nyaya Sanhita (B.N.S.), 2023.

¶16

As per the allegation made in the FIR, petitioner along with other co-accused, had assaulted the daughter of the informant by means of iron-rod on her head with an intention to kill her.

¶17

Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely

¶18

Patna High Court CR. MISC. No.3876 of 2025(2) dt.12-02-2025 2/3

¶19

been implicated in the present case. He further submitted that the genesis of the alleged incidence is because the children of both the sides were playing and in that they were indulged into quarrel, and in course of the same an altercation took place and both the sides entered into fierce fight and in the self- defence, petitioner may have caused some injury to the daughter of the informant without intention, in which, the allegation against the petitioner is that he had assaulted the daughter of the informant on her head, who sustained simple injury. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

¶20

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

¶21

Considering the nature of allegation made in the FIR, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Nawada, in connection with Nardiganj P.S. Case No. 343 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S, 2023.

¶22

Patna High Court CR. MISC. No.3876 of 2025(2) dt.12-02-2025 3/3

¶23

The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

¶24

(Purnendu Singh, J)

¶25

Niraj/-

¶26

U T

Chandan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chandan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Jamendra Kumar Singh Vs The State of Bihar

Amar Anand Vs The State of Bihar

Dr. Shakti Nath Jha Vs The State of Bihar

Nandkishore Rai @ Nandkishore Ray Vs The State of Bihar

Sunil Pandey @ Chhotak Pandey @ Sunil Kumar Pandey Vs The State of Bihar

Piyush Kumar Vs The State of Bihar