Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Chandan Kumar, was arrested in connection with a case registered under Section 304(2) of the Bharatiya Nyaya Sanhita for a violent offence. He has been in custody since 19 September 2025 and has three prior criminal convictions. The co‑accused made a self‑inculpatory statement that named the petitioner as a participant in the alleged loot of a mobile, motorcycle and a purse containing important documents. The petitioner applied for bail, but the court considered the self‑inculpatory statement and his criminal antecedents. Justice Sandeep Kumar held that these factors warranted denial of bail, dismissed the application, and clarified that the order is limited to the bail question and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 304(2) of the Bharatiya Nyaya Sanhita in view of the co‑accused's self‑inculpatory statement and the petitioner's prior criminal record.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 304(2)
Subjects
- bail
- Section 304(2)
- self-inculpatory statement
- criminal antecedent
- high court
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25930 of 2026
Arising Out of PS. Case No.-744 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Chandan Kumar Son of Hari Shankar Ram Resident of Village- Sahugarh,
Diwani Tola, Ward No. 15, P.S. and District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pooja Prasad, Advocate
For the State : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Madhepura P.S. Case No. 744 of 2025 registered for the offence
punishable under Sections 304(2) of the Bharatiya Nyaya
Sanhita.
3. Three unknown criminals committed loot of
mobile, motorcycle and purse containing important documents.
4. The petitioner is in custody since 19.09.2025
having three criminal antecedent.
5. The name of the petitioner has come in the self
inculpatory statement of the co-accused.
6. Considering the self inculpatory statement of the
co-accused and the criminal antecedent of the petitioner, I am
Patna High Court CR. MISC. No.25930 of 2026(2) dt.20-04-2026
2/2
not inclined to grant bail to the petitioner.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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