Patna High Court
Chandan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Chandan Kumar Singh, applied for regular bail in a case registered under sections 334(1), 303(2) and 317(2) of the B.N.S., alleging theft from a PACS godown. The prosecution alleged that the petitioner, along with others, participated in the theft and that he was apprehended. The petitioner contended that he was falsely implicated, that no material was recovered from his possession, and that the mandatory requirements of Section 105 of the B.N.S.S. were not complied with. The State opposed the bail. After considering the facts, the court found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under sections 334(1), 303(2) and 317(2) of the B.N.S.
- Whether the mandatory provisions of Section 105 of the B.N.S.S. have been complied with in the investigation
- Whether the petitioner’s antecedent criminal record precludes the grant of bail
Legislation cited
Subjects
- bail
- criminal procedure
- theft
- Section 105
- sureties
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20840 of 2026
Arising Out of PS. Case No.-590 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Chandan Kumar Singh Son of Late Ragho Singh @ Raghav Singh Resident
of Vill. - Phalpura, P.S. - GB Nagar, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Anupam, Advocate
For the Opposite Party/s : Mr.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 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 334(1), 303
(2), 317 (2) of the BNS.
3. The prosecution case, in brief, is that the petitioner,
along with others, committed theft in the godown of the PACS.
It is further alleged that two persons were apprehended, one of
whom is the petitioner.
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,
from a perusal of the seizure list, it would transpire that the
Patna High Court CR. MISC. No.20840 of 2026(2) dt.02-04-2026
2/2
alleged recovery was made near the PACS godown. It is further
submitted that nothing has been recovered from the conscious
possession of the petitioner and that the witnesses to the seizure
list are police personnel. It is also submitted that the mandatory
provisions of Section 105 of the B.N.S.S. have not been
complied with. The petitioner is in custody since 24.12.2025
and has criminal antecedents of three cases.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
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 G.B. Nagar P.S. Case No. 590 of 2025
on furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM-IV, Siwan.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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