Patna High Court
Chandan kumar @ Chandan Yadav @ Chandan Kumar yadav @ Chandu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as the petitioner was not named in the FIR, no material evidence was recovered, and no TIP was conducted, notwithstanding other pending cases.
Summary
The petitioner, Chandan Kumar Yadav, was arrested on 24-07-2023 in connection with a robbery case (Section 392 IPC) registered as Shahkund P.S. Case No. 190 of 2022. He was not named in the FIR; his alleged involvement emerged solely from the confessional statement of co‑accused Rituraj Sharma, with no material recovered from his possession and no third‑information report filed by the prosecution. The petitioner pleaded innocence and sought bail, while the State opposed, citing six other similar pending cases against him. The court examined the lack of direct evidence, the absence of a TIP, and the prolonged custody, and concluded that these factors warranted bail despite the pending cases. Accordingly, bail was granted on a Rs.10,000 bond with two sureties and several conditions regarding cooperation, presence, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and the only allegation stems from a co‑accused's confessional statement.
- Whether the existence of multiple pending cases of a similar nature precludes bail.
- Whether the absence of a third‑information report and lack of recovered material justify bail.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- confessional statement
- investigation
- criminal antecedent
- third information report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26165 of 2025
Arising Out of PS. Case No.-190 Year-2022 Thana- SHAHKUND District- Bhagalpur
======================================================
Chandan kumar @ Chandan Yadav @ Chandan Kumar yadav @ Chandu
Yadav S/o Ramdev Yadav @ Ramde Yadav R/o Village- Bari Jankipur, P.S-
Amarpur, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate
For the State : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 03-04-2026 Heard Mr. Vishwa Ranjan Choudhary, learned counsel
for the petitioner and Mr. Satya Nand Shukla, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
24.07.2023, in connection with Shahkund P.S. Case No. 190 of
2022, F.I.R. dated 08.07.2022 registered for the offences
punishable under Section 392 of the Indian Penal Code.
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 during
investigation on the basis of confessional statement of co-accused
Patna High Court CR. MISC. No.26165 of 2025(3) dt.03-04-2026
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person namely Rituraj Sharma and nothing has been recovered
from the conscious possession of the petitioner and till date no TIP
was conducted by the prosecution. 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. He further submits that the police after
investigation submitted chargesheet against the petitioner and the
petitioner is in custody since 24.07.2023.
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 six more cases of almost
similar nature other than the present one.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R and till
date no TIP was conducted by the prosecution as well as period of
custody, 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.D.J. 10, Bhagalpur in connection with Shahkund P.S. Case No.
190 of 2022, 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
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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//-
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