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Patna High Court

Chandan Kumar @ Chandan SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.16348 of 2026(2) dt.25-03-2026
                                            2/3




          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
                                                          3/3




                        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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