Patna High Court
Chandan Kumar @ Chandan SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court allowed the bail petition, granting bail subject to specified conditions.
Summary
The petitioner, Chandan Kumar, applied for bail in connection with a theft case (PS Turkolia Case No. 422 of 2024) alleging offences under Sections 331(4), 305 and 317(2) of the B.N.S. He claimed innocence, stating that the FIR was lodged against unknown persons and that his name appeared only in a co‑accused’s confessional statement. The petitioner asserted no prior criminal record and that he had not previously sought anticipatory or regular bail. The State opposed the bail application. The Court, after considering the facts, granted bail on the condition that the petitioner surrender within eight weeks, furnish a bail bond of Rs. 10,000 with two sureties, and comply with conditions under Section 482(2) of the B.N.S.S. 2023, including cancellation of bail if any concealed criminal antecedents are discovered.
Issues considered
- Whether bail should be granted to the petitioner in a theft case under Sections 331(4), 305 and 317(2) of the B.N.S.
- Whether the petitioner’s claim of innocence and lack of prior criminal antecedents justify bail
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. 2023 are appropriate
Legislation cited
- B.N.S. — s. 305, 317(2), 331(4)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- theft
- criminal antecedents
- Section 331
- Section 305
- Section 317
- Section 482
- anticipatory bail
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16348 of 2026
Arising Out of PS. Case No.-422 Year-2024 Thana- TURKAULIYA District- East
Champaran
======================================================
Chandan Kumar @ Chandan Sahni, S/o Panna Sahni @ Panalal Sahni @
Panalal Sahni, R/o Village - Majuraha, P.S - Raghunathpur, District - East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Ranjan, Advocate.
For the State : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Turkolia P.S. Case No. 422 of 2024 dated
02.10.2024 registered for the offences punishable under
Sections 331(4), 305 and 317(2) of B.N.S.
3. As per allegation, some unknown persons have
committed theft in the house of nephew of the informant.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that it is a case of alleged theft and the
FIR was lodged against unknown. However, the petitioner was
no way involved in the alleged offence nor any incriminating
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article has been recovered from his possession. He also submits
that the name of petitioner has transpired in the confessional
statement of co-accused.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned court below in connection with
Turkolia P.S. Case No. 422 of 2024, subject to the conditions as
laid down under Section 482 (2) of the B.N.S.S 2023, and on
the following conditions:
(i) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.16348 of 2026(2) dt.25-03-2026
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below that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
S.Ali/-
U T
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