Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioners are entitled to regular bail as the investigation is concluded, no incriminating material was found, and they were not put on TI parade.
Summary
The petitioners, Chandan Kumar and Lalkrishna Adwani, were arrested in connection with a robbery alleged under sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959. They claim they were falsely implicated based on a co‑accused's statement, no incriminating articles were recovered from them, and they have not been produced for a TI parade despite being in custody since 14‑Jan‑2026. The prosecution opposed bail, but the court noted the lack of material linking the petitioners to the loot, the completion of investigation, and the failure to conduct a TI parade. Considering these factors, the court ordered that both petitioners be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties each. The order was directed to be complied with by the Chief Judicial Magistrate, Jamui.
Issues considered
- Whether the petitioners are entitled to regular bail despite charges under the Bharatiya Nyaya Sanhita and Arms Act
- Whether the failure to produce the accused for a TI parade and lack of incriminating material warrant bail
Legislation cited
- Arms Act, 1959 — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 126(2), 310(2), 311, 317(2), 317(5)
Subjects
- regular bail
- false implication
- robbery
- Bharatiya Nyaya Sanhita
- Arms Act
- investigation
- TI parade
- chargesheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20322 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- MALAYPUR District- Jamui
======================================================
Chandan Kumar Son of Bambam Singh R/o Vill. - Manjaush, P.S. -
Sikandara, Dist. - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 22636 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- MALAYPUR District- Jamui
======================================================
Lalkrishna Adwani @ Chhotu Kumar Son of Raj Mangal Prasad Resident of
village- Bithalpur, Ps- and Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 20322 of 2026)
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
(In CRIMINAL MISCELLANEOUS No. 22636 of 2026)
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 07-05-2026 Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Malaypur P.S. Case no.
4 of 2026 registered under sections 310(2), 126(2), 109, 311,
317(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 and
sections 25(1-B)(a), 26 and 35 of the Arms Act, 1959.
Patna High Court CR. MISC. No.20322 of 2026(3) dt.07-05-2026
2/3
3. As per the prosecution case, six accused persons on
two motorcycles stopped the motorcycle of the informant and
looted him of a total amount of about Rs.50 Lacs besides other
articles as mentioned in the FIR.
4. Learned counsel for the petitioner Chandan Kumar
submits that the FIR was registered against unknown. The petitioner
was falsely implicated in the case in the statement of co-accused
Ravi Thatera recorded in course of investigation. No incriminating
article has been recovered from the petitioner’s possession and the
cash to the tune of Rs.20,000/- recovered is in no way connected
with the crime. The petitioner has not been put on TI Parade inspite
of being in custody since 14.1.2026 and chargesheet has been
submitted in the case.
5. Learned counsel appearing for the petitioner Lalkrishna
Adwani submits that this petitioner was also falsely implicated in the
case in course of investigation in the statement of a co-accused Ravi
Thatera. No incriminating article has been recovered from the
petitioner's possession and the alleged recovery of cash to the tune of
Rs. 9,500/- belongs to this petitioner. It is in no way connected with
the loot. The petitioner has not been put on TI Parade inspite of being
in custody since 14.1.2026 and chargesheet has been submitted in the
case.
Patna High Court CR. MISC. No.20322 of 2026(3) dt.07-05-2026
3/3
6. The application for bail is opposed by learned APP
for the State.
7. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the FIR, the material that has transpired in course of
investigation, the petitioners not having been put on TI Parade
inspite of being in custody since 14.1.2026 and investigation in
the case having concluded, the Court directs that both the
petitioners be enlarged on bail in connection with Malaypur P.S.
Case no. 4 of 2026 on each of them furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to satisfaction of the learned Chief Judicial
Magistrate, Jamui.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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