Patna High Court
Chandan Kumar Yadav @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Chandan Kumar Yadav was arrested on 26 April 2025 in connection with a police case involving alleged offences under Sections 379, 411, 413, 414, 420, 467, 468 and 34 of the Indian Penal Code, stemming from a vehicle checking operation where two motorcyclists attempted to flee. The petitioner contended that he was falsely implicated, that no thorough investigation (TIP) had been conducted, and that the charge sheet was based merely on suspicion. The State opposed bail, noting that the petitioner had two other pending cases, although he was on bail in those matters. The Court, after considering the length of custodial detention and the arguments presented, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents, with cancellation provisions if any concealment is discovered.
Issues considered
- What is the appropriateness of granting bail to a petitioner detained for offences under multiple IPC sections, given the length of custody and alleged lack of substantive investigation?
- Whether the petitioner’s alleged prior criminal cases affect the grant of bail in the present matter?
Legislation cited
- Indian Penal Code — s. 34, 379, 411, 413, 414, 420, 467, 468
Subjects
- bail
- Indian Penal Code
- theft
- cheque fraud
- judicial custody
- presumption of innocence
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22427 of 2026
Arising Out of PS. Case No.-14 Year-2024 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Chandan Kumar Yadav @ Chandan Kumar S/o- Naresh Yadav Resident of
village- Gangarahi PS- Shivajinagar Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Adv.
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-05-2026 Heard Mr. Madhav Kumar, learned counsel for the
petitioner and Ms. Rina Sinha, learned APP for the State.
2. The petitioner seeks bail, who is in custody since
26.04.2025 in connection with Shivajinagar P.S. Case No. 14 of
2024, F.I.R. dated 26.04.2024 registered for the offence under
Sections 379, 411, 413, 414, 420, 467, 468 & 34 of the IPC.
3. The prosecution case, in brief, is that on 26.04.2024
informant along with his police team, was conducting vehicle
checking at Dumara Chowk. During the checking, two
motorcycle riders attempted to flee but were apprehended. They
failed to produce valid documents for the motorcycle, which led
its seizure on suspicion of theft.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and he has falsely been implicated in
Patna High Court CR. MISC. No.22427 of 2026(3) dt.01-05-2026
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this case. He further submits that the allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. It appears from the FIR as
well as seizure list that some articles have been recovered from
the possession of the petitioner but till date no TIP has been
conducted by the prosecution. Petitioner has been made accused
in this case only on the basis of suscipicion. The police, after
investigation, submitted the charge-sheet against the petitioner.
The petitioner is languishing judicial custody since 04.01.2025 .
5. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries two more cases other than the
present one but fairly submits that the petitioner is on bail in the
pending matters.
6. Considering the aforesaid fact, as also the period of
custody, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs.10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM-I, Rosera, Samastipur in connection with Shivajinagar
P.S. Case No. 14 of 2024, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.22427 of 2026(3) dt.01-05-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Abhishek/-
U T
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