Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted, subject to specified conditions, as the prosecution had not produced substantive evidence linking the petitioner to the offence.
Summary
The petitioner, Chandan Kumar, was arrested in connection with a case registered under Section 309(4) of the B.N.S., 2023, based solely on a confessional statement of a co‑accused, as his name does not appear in the FIR. The petitioner contended that he was falsely implicated, no material evidence or TIP had been produced, and he had been in custody since 21‑11‑2025. The State opposed bail, noting that the petitioner has five other criminal cases, four of which are already on bail. The court examined the lack of direct evidence, the reliance on a co‑accused’s confession, and the absence of TIP, and concluded that these factors warranted bail. Accordingly, the court granted bail on a Rs 10,000 bond with two sureties, imposing conditions regarding court attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and is implicated solely through a co‑accused's confessional statement.
- Whether the absence of TIP and other investigative material justifies granting bail.
- Whether the existence of pending criminal cases affects the grant of bail in the present case.
Legislation cited
- B.N.S., 2023 — s. 309(4)
Subjects
- bail
- confessional statement
- co‑accused
- FIR
- Section 309(4)
- B.N.S., 2023
- TIP
- chargesheet
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24486 of 2026
Arising Out of PS. Case No.-499 Year-2024 Thana- MASHRAK District- Saran
======================================================
Chandan Kumar S/o Hiraman Ray R/o Village- Bakhari, P.S.- Baikunthpur,
District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Natraj Verma, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Natraj Verma, learned counsel for the
petitioner and Mr. Umeshanand Pandit, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
21.11.2025, in connection with Masrakh P.S. Case No. 499 of
2024, F.I.R. dated 17.08.2024 registered for the offences
punishable under Section 309(4) of the B.N.S., 2023
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named in
the F.I.R. and the name of the petitioner has been transpired on the
basis of confessional statement of co-accused person namely
Vivek Kumar and nothing has been recovered from the conscious
Patna High Court CR. MISC. No.24486 of 2026(2) dt.16-04-2026
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possession or the house of the petitioner. Learned counsel for the
petitioner further submits that except the confessional statement of
co-accused person, no other cogent material has come during
investigation to suggest the involvement of the petitioner in the
present occurrence and till date no TIP was conducted by the
prosecution. He further submits that the police after investigation
submitted chargesheet against the petitioner and the petitioner is in
custody since 21.11.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries five more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that out of five cases, the petitioner is on bail in
four cases and one case is pending for consideration before the
competent court of law.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R and the
name of the petitioner has been transpired on the basis of
confessional statement of co-accused person and till date no TIP
was conducted by the prosecution, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. VII, Saran at Chapra in
Patna High Court CR. MISC. No.24486 of 2026(2) dt.16-04-2026
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connection with Masrakh P.S. Case No. 499 of 2024, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
U T
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