Patna High Court
Kariman Chaudhary @ Sanjeevan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- B.N.S. — s. 140(3)
- B.N.S.S., 2023 — s. 482(2)
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
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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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