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2026 Supreme(Online)(Pat) 4388

PATNA HIGH COURT
RAJESH KUMAR VERMA, J
Chandan Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.88336 of 2025



Advocates:
For the Appellants/Petitioners:Mr. Krishna Prasad Singh, Sr. Advocate, Mr. Rakesh Singh, Advocate
For the Respondents:Mr. Binod Kumar, APP, Mr. Durgesh Nandan, Advocate

The court held that bail can be granted considering the nature of injuries and circumstances surrounding the case.

Headnote:The petitioner seeks bail under various sections for alleged offences including those related to firearms. The facts indicate the petitioner has been implicated due to a previous dispute and the injury sustained by the informant is assessed as simple. The court considers these circumstances before granting bail. The core issue is whether the bail should be granted despite the allegations. The court finds sufficient grounds for granting bail under conditions while ensuring compliance with trial mandates.

Table of Content
1. bail is considered based on injury assessment. (Para 2 , 3 , 4)
2. arguments against bail are presented by prosecution. (Para 5)
3. court orders bail with specific conditions. (Para 6)

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP For the Informant : Mr. Durgesh Nandan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 15-01-2026 Heard Mr. Rakesh Kumar, learned counsel for the petitioner and Mr. Binod Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since

25.09.2025 in connection with Nagarnausa P.S. Case No. 248 of 2025, F.I.R. dated 24.09.2025 for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1), 352, 351(3) of the B.N.S. and Section 27 of the Arms Act .

3. According to prosecution case, petitioner and other accused persons are alleged to have surrounded the informant and his brother and fired upon the informant which hit him on left shoulder.

4. Learned senior counsel for the petitioner submits that petitioner is innocent and due to previous dispute he has falsely been implicated in the present case. Although, the specific allegation in the F.I.R. against the petitioner is that he has fired upon the informant by means of firearms and the informant has received the injury but the injury report of the informant suggest that injuries are found to be simple in nature caused by firearms. The police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 25.09.2025.

5. Learned APP for the State and informant have have vehemently opposed the prayer for bail of the petitioner and submits that it appears from the F.I.R. that there is direct and specific allegation of firing is attributed against the petitioner and the petitioner carries two more cases other than the present one.

6. Considering the aforesaid facts and circumstances, injury inflicted upon the informant is found to be simple in nature, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Hilsa, District- Nalanda in connection with Nagarnausa P.S. Case No. 248 of 2025, with the following conditions:

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)

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