Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Chandan Kumar, was arrested in connection with a robbery in which five persons on two motorcycles allegedly snatched a motorcycle and valuables from an informant. The prosecution’s case is based on a confessional statement of co‑accused Nitish Kumar, who named the petitioner as a participant; no identification parade was conducted. The petitioner contended that he was falsely implicated and highlighted the lack of direct evidence, his custody since November 2024, and that he is on bail in two of four other cases. The State opposed bail, citing the seriousness of the offence under Section 310(2) of the BNS. The Court, considering the absence of an identification parade, the charge sheet, and the petitioner’s prolonged custody, granted bail on a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted in a case of alleged robbery under Section 310(2) of the BNS given the circumstances of the investigation.
- Whether the absence of an identification parade and reliance on a co‑accused’s confessional statement affect the bail decision.
Legislation cited
Subjects
- bail
- criminal procedure
- identification parade
- confessional statement
- Section 310
- Section 480
- Bihar High Court
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25636 of 2026
Arising Out of PS. Case No.-174 Year-2024 Thana- LACHHUAR District- Jamui
======================================================
Chandan Kumar Son of Banaras Paswan @ Vanaras Paswan Resident of
Village- Lalganj, P.S.- Chewara, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Krishna Jha, Adv.
For the Opposite Party/s : Mrs.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Lachhuar P.S. Case No. 174 of 2024, registered
for the offences under Sections 310(2) of the BNS.
3. As per the prosecution case, five persons on two
motorcycles surrounded the informant while he had been
returning after attending a shradh and on gun point snatched his
motorcycle, mobile phones and a bag containing registration
certificate, aadhaar card, ATM card, driving license and cash of
Rs.12,500/- from the informant. The name of the petitioner
transpired during investigation as one of the miscreants who
was involved in snatching the motorcycle and other articles
from the informant.
Patna High Court CR. MISC. No.25636 of 2026(2) dt.17-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. The petitioner is not involved in
the occurrence as alleged. The name of the petitioner transpired
in this case during investigation after confessional statement of
coaccused Nitish Kumar was recorded, who disclosed the names
of his gang members including this petitioner. No test
identification parade has been conducted either over the
petitioner or for the recovered articles. Coaccused Nitish Kumar
has been granted bail vide order dated 16.02.2026 passed in Cr.
Misc. No. 1667 of 2026 by a learned Single Judge of this Court.
Petitioner is in custody since 15.11.2024 and charge sheet has
been submitted. The petitioner has antecedent of four cases and
he is on bail in two such cases.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
submission of charge sheet and the period of custody of this
petitioner and also considering and the fact that petitioner was
not apprehended from the spot, the petitioner is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.25636 of 2026(2) dt.17-04-2026
3/3
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned JMFC,
Jamui/concerned court, in connection with Lachhuar P.S. Case
No. 174 of 2024, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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