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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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