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Patna High Court

Kariman Chaudhary @ Sanjeevan ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail petition, finding that the confessional statement of the co‑accused has no evidentiary value and no other incriminating material exists.

Summary

The petitioner, Kariman Chaudhary, applied for bail in connection with a case registered under Section 140(3) of the B.N.S., alleging that he was falsely implicated in the disappearance of his brother. The prosecution’s case rests solely on a missing report and a confessional statement of a co‑accused, Mangru Chaudhary, which the petitioner contended lacks evidentiary value. He asserted that no incriminating material was recovered from his possession and that he has no prior criminal record. The State opposed the bail, but the court noted the absence of substantive evidence against the petitioner. Consequently, the court granted bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. 2023, including cancellation if criminal antecedents are later discovered.

Issues considered

  • Whether bail can be granted when the only evidence is a confessional statement of a co‑accused, which is inadmissible.
  • Whether the petitioner is entitled to bail under Section 482(2) of the B.N.S.S. 2023 in the absence of incriminating material.
  • Whether the petitioner’s claim of no prior criminal antecedents affects the bail decision.

Legislation cited

Subjects

  • bail
  • confessional statement
  • evidentiary value
  • missing person
  • Section 140(3)
  • Section 482(2)
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16350 of 2026
                   Arising Out of PS. Case No.-186 Year-2025 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Kariman Chaudhary @ Sanjeevan Chaudhary, S/o- Mohan Chaudhary, R/v-
                 Sahashpura, P.S.- Charpokhari, Dist- Bhojpur at Ara.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Santosh Kumar, Advocate.
                 For the State           :       Mr. Ajay Kumar No. 2, 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 Charpokhari P.S. Case No. 186 of 2025

                   dated 01.09.2025 registered for the offence punishable under

                   Section 140(3) of B.N.S.

                                 3. As per prosecution case, a missing report was

                   lodged by one Surya Kumar Choudhary stating therein that his

                   elder brother Santosh Choudhary has not returned after going

                   for answering the call of nature.

                                 4. Learned counsel for the petitioner submits that the

                   Petitioner is innocent and has falsely been implicated in this

                   case. He further submits that no incriminating article has been

                   recovered from possession of the petitioner. He also submits that
Patna High Court CR. MISC. No.16350 of 2026(2) dt.25-03-2026
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          the dead body of a missing person was recovered and thereafter

          the name of the petitioner has transpired in the confessional

          statement of co-accused Mangru Choudhary before the police

          which has no evidentiary value.

                       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 fact that there was missing report

          and there is no incriminating material against the petitioner

          except the confessional statement of co-accused before the

          Police which has no evidentiary value, 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 Charpokari P.S. Case No. 186 of 2025 subject
              Patna High Court CR. MISC. No.16350 of 2026(2) dt.25-03-2026
                                                          3/3




                        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

                        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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