Patna High Court
Chandan Kumar @ Chandan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5)
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
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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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