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Patna High Court

Chandan Kumar @ Chandan RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with conditions, finding the evidence insufficient to justify continued detention.

Summary

The petitioner, Chandan Kumar, was arrested in connection with a case involving alleged firing on an informant and a demand for a Rs 1 crore ransom, charged under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and several provisions of the Arms Act. The prosecution’s case is based on the self‑confession of the petitioner and a co‑accused’s confessional statement, with no arms recovered, no injury to the informant, and no material found in the petitioner’s possession. The petitioner contended that he was falsely implicated, not named in the FIR, and that the allegations were vague and unsupported by evidence, despite having ten prior criminal antecedents and being in custody since 20‑Nov‑2025. The State opposed bail, while the court noted the lack of concrete evidence and the fact that a co‑accused had already been granted bail. Considering the circumstances, the court granted bail subject to a cash bond of Rs 15,000 with two sureties and several conditions regarding appearance, non‑tampering with evidence, and non‑absconding. The bail order was issued pending framing of charges, if not already done.

Issues considered

  • Whether bail should be granted to the petitioner despite serious charges under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the evidence (self‑confession and co‑accused’s statement) is sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • evidence
  • confessional statement
  • ransom demand
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15082 of 2026
                      Arising Out of PS. Case No.-213 Year-2024 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Chandan Kumar @ Chandan Rai S/O Rama Shankar Rai R/O Vill.- Agarpur
                 Barbanna, P.S- Lalganj, Dist- Vaishali
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in Lalganj P.S. Case No.

                   213 of 2024, instituted for the offences punishable under

                   Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023, read

                   with Sections 25(1-B)(a), 27, 26 and 35 of the Arms Act.

                                3. The prosecution case, in short, is that some

                   unknown miscreants intercepted the informant and opened fire

                   upon him but somehow he managed to save himself. It is further

                   alleged that earlier Rs. 1,00,00,000/- was demanded as

                   Rangdari from the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.15082 of 2026(2) dt.25-02-2026
                                            2/3




          the conscious possession of the petitioner. Learned counsel for

          the petitioner also submitted that the petitioner is not named in

          the FIR. Name of the petitioner has transpired in this case on the

          basis of self-confession of the petitioner and also from the

          confessional statement of co-accused person and the same has

          got no evidentiary value. It is next submitted that no specific

          allegation has been attributed against the petitioner rather the

          same is general and omnibus in nature. Neither any arms have

          been recovered from the possession of the petitioner nor any

          injury has been caused to the informant. The petitioner is in

          custody since 20.11.2025 and has got ten criminal antecedents.

          Learned counsel for the petitioner further submits that other co-

          accused has been granted regular bail by this Court vide order

          dated 24.03.2025 passed in Cr. Misc. No. 4373 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail after framing

          of charge, if not already framed, on furnishing bail bonds of
             Patna High Court CR. MISC. No.15082 of 2026(2) dt.25-02-2026
                                                         3/3




                       Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

                       like amount each to the satisfaction of Court below/concerned

                       Court in connection with Lalganj P.S. Case No. 213 of 2024,

                       subject to the following conditions:

                                     (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                     (II) The petitioner shall appear on each and every date

                       fixed at the trial and shall not remain absent on two consecutive

                       dates without sufficient cause.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                     (V) The petitioner shall not leave the territorial

                       jurisdiction of the learned Court below without taking prior

                       permission of the Court concerned.

                                     If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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