Patna High Court

Chandan Kumar @ Chandan RaiversusThe State of Bihar

Decided: 18 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner with specified conditions.

Summary

The petitioner, Chandan Kumar, sought regular bail in a case registered under sections 308(5)(4) of the BNS, alleging that he was falsely implicated based on a confessional statement of another accused, Pramod Kumar Maurya. The prosecution alleged that a threatening call demanding Rs. 1 crore was received by the informant, but the petitioner denied making any such call. The petitioner highlighted that no money was transferred and that he had been in judicial custody since 20-11-2025, while the State opposed bail citing ten prior criminal cases. The court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of cooperation, regular court attendance, and weekly police station reporting. The order also noted the petitioner’s extensive criminal antecedents but deemed bail appropriate under the circumstances.

Issues considered

Whether regular bail should be granted to the petitioner under sections 308(5)(4) of the BNS despite the serious nature of the alleged offence.
Whether the confessional statement of another accused can be the sole basis for implicating the petitioner.
Whether the petitioner’s ten prior criminal cases preclude the grant of bail.

Legislation cited

BNS — s. 308(5)(4)

Subjects

regular bail
criminal antecedents
threatening call
extortion
BNS
section 308
confessional statement
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17983 of 2026
                      Arising Out of PS. Case No.-207 Year-2024 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Chandan Kumar @ Chandan Rai S/o Ram Shankar Rai R/O Vill.- Agarpur
                 Barbanna, P.S- Lalganj, Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manish Kumar, Advocate
                 For the Opposite Party/s :       Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 308 (5) (4)

                   of the BNS.

                                3.      The case of the prosecution is that from an

                   unknown mobile number a call, a call was received on the

                   mobile of the informant threatening him to give Rs. 1 crore

                   failing which, he along with his son will be killed.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   name of the petitioner has surfaced on the basis of the

                   confessional statement of Pramod Kumar Maurya. It is further
Patna High Court CR. MISC. No.17983 of 2026(2) dt.18-03-2026
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          submitted that no call was made from the mobile of this

          petitioner. It is further submitted that Pramod Kumar Maurya

          has been granted bail by a Bench of this Court vide order dated

          17.09.2025 passed in Cr. Misc. No. 67393 of 2025. It is further

          submitted that there is only an allegation of demand of money.

          However, no amount has ever been transferred pursuant thereto.

          It is further submitted that there is no specific allegation against

          the petitioner of having made the alleged demand. Moreover,

          the petitioner is languishing in judicial custody since

          20.11.2025.

                       5. Learned APP appearing for the state has opposed

          the prayer of regular bail stating that the petitioner has 10

          criminal antecedents.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Lalganj P.S. Case No. 207 of 2024 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Chief Judicial Magistrate, Vaishali at Hajipur.

                       6. However, it has been brought on record that the

          petitioner has criminal antecedents in 10 cases. In such
            Patna High Court CR. MISC. No.17983 of 2026(2) dt.18-03-2026
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                      circumstances, he is directed to cooperate in the trial, remain

                      physically present on each and every date fixed by the court,

                      and mark his attendance once every week at Lalganj Police

                      Station.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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