Chandan Kumar @ Chandan Paswan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Chandan Kumar @ Chandan Paswan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner, in the event of arrest or surrender before the Court below within four weeks, to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Biharsarfi, Nalanda, in connection with Sohsarai Police Station Case No. 225 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, arraigned in Sohsarai Police Station Case No. 225 of 2025 for offences under Sections 115(2)/126(2)/127(2)/109/303(2)/3(5) of the Bhartiya Nyaya Sanhita, should be granted anticipatory bail.

Court's answer

Grant of anticipatory bail: having regard to the submissions of the parties, and taking into consideration the simple nature of the injuries sustained by the victims and the fact that the similarly situated co-accused (Vijay Paswan, Cr. Misc. No. 74705 of 2025) had been granted anticipatory bail by a Co-ordinate Bench of this Court, the Court was inclined to grant the petitioner the privilege of anticipatory bail.

Ratio / Principle

The application was allowed; the petitioner, in the event of his arrest or surrender before the Court below within four weeks, is to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Biharsarfi, Nalanda, in connection with Sohsarai Police Station Case No. 225 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Criminal Miscellaneous No.75526 of 2025, High Court of Judicature at Patna (Anil Kumar Sinha, J.), decided 03-12-2025, arising out of Sohsarai Police Station Case No. 225 of 2025, dated 11.08.2025, disclosing offences under Sections 115(2)/126(2)/127(2)/109/303(2)/3(5) of the Bhartiya Nyaya Sanhita. Prosecution case: on 10.08.2025 at about 05:00 P.M. the petitioner, along with other accused and two unknown persons, intercepted the informant's son at a bus stop, abused and assaulted him, and on the informant's arrival assaulted the informant and his son with fists and attempted to strangulate them with intent to cause death. Defence submissions: false implication due to previous land and money dispute between co-villagers; injuries on the informant and his son simple in nature, caused by hard and blunt substance (injury report at Annexure-2 series); parity with co-accused Vijay Paswan, already granted anticipatory bail in Cr. Misc. No. 74705 of 2025 by a Co-ordinate Bench. Holding: taking into consideration the simple nature of the injuries sustained by the victims and the parity with the similarly situated co-accused, the Court granted anticipatory bail; petitioner to be released on bail on arrest or surrender before the Court below within four weeks, on bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Biharsarfi, Nalanda, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75526 of 2025

Arising Out of PS. Case No.-225 Year-2025 Thana- SOHSARAI District- Nalanda

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

Chandan Kumar @ Chandan Paswan Son of Vijay Paswan @ Bijay Paswan Resident of Village - 17 Number Bagarangbali, Sohsarai, P.S. - Sohsarai, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Ram Naresh Ray

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

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 03-12-2025 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sohsarai Police Station Case No. 225 of 2025, dated 11.08.2025, disclosing offences under Sections 115(2)/126(2)/127(2)/109/303(2)/3(5) of the Bhartiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, is that on 10.08.2025 at about 05:00 P.M., when the informant’s son went to the bus stop along with his sister, the petitioner along with other accused and two unknown persons intercepted him, abused him and upon protest they assaulted him. It is further alleged that when the

Patna High Court CR. MISC. No.75526 of 2025(2) dt.03-12-2025 2/3

informant reached there, the accused persons also assaulted him and his son with fists, attempted to strangulate them with intent to cause death.

4. Learned counsel for the petitioner submits that both the parties are co-villagers and the petitioner has falsely been implicated in the present case due to previous land and money dispute. Referring to the injury report, annexed at Annexure-2 series, learned counsel submits that injuries sustained by the informant and his son are simple in nature caused by hard and blunt substance. He further submits that similarly situated co-accused Vijay Paswan has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 74705 of 2025.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that injuries sustained by the victims are simple in nature and similarly situated co-accused person has been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be

Patna High Court CR. MISC. No.75526 of 2025(2) dt.03-12-2025 3/3

released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsarfi, Nalanda, in connection with Sohsarai Police Station Case No. 225 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J)

ashwani/-

U T