Patna High Court
Aman Chauhan @ Aman Kumar ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the petitioner was not shown any incriminating evidence beyond the co‑accused’s statement.
Summary
The petitioner, Aman Chauhan, was named in an FIR for offences under sections 317(4), 317(5), 318(4) and 3(5) of the Bihar Narcotic and Smuggling Act (BNS) based largely on a co‑accused’s disclosure. The petitioner argued that the only basis for his implication was the co‑accused’s statement and that no other incriminating material existed. The State opposed bail, contending the seriousness of the offences. The Court examined whether mere suspicion arising from a co‑accused’s testimony suffices to deny bail. Finding no substantive evidence against the petitioner, the Court granted bail subject to conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNS, including a bond and sureties, and directives to cooperate with the trial. The order emphasized that the petitioner must not commit a similar offence and must appear in court as required.
Issues considered
- Whether bail can be granted when the only evidence against the petitioner is a co‑accused’s disclosure and no other incriminating material.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNS are appropriate for the grant of bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 317(4), 317(5), 318(4), 3(5), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- suspicion
- co‑accused testimony
- Criminal Procedure Code
- Section 438
- Section 482
- Bihar Narcotic and Smuggling Act
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30661 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
Aman Chauhan @ Aman Kumar Chauhan Son of Subhash Chauhan Resident
of Village - Bodha Chharpar, P.S.- Gopalganj, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rishi Sinha
For the Opposite Party/s : Mr.Rajendra Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-05-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Gopalganj P.S. Case
No. 279 of 2025 registered for the offences punishable under
Sections 317(4), 317(5), 318(4) and 3(5) of the BNS.
3. As per FIR, a suspicion raised that petitioner might
commit crime along with apprehended co-accused persons, who
disclosed his name and also found in possession of motorcycle,
which was alleged to be stolen.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that merely on the basis of suspicion
made out of disclosure as made by apprehended co-accused Lal
Bihari Thakur, petitioner was implicated with the present case.
The motorcycle in issue was recovered from the possession of Lal
Patna High Court CR. MISC. No.30661 of 2026(2) dt.12-05-2026
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Bihari Thakur and thereafter, investigation of this case was
concluded on all material aspects and as such sending petitioner
behind the bar shall not serve any purpose of justice. It is
submitted that petitioner found involved in three more cases,
where in one case he is acquitted and on bail in rest two cases.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as save and except suspicion arising out of
disclosure of apprehended co-accused nothing incriminating
appears against this petitioner, accordingly petitioner above-
named, in the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be released on
bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned CJM, Gopalganj/concerned Court,
where the case is pending in connection with Gopalganj P.S. Case
No. 279 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS with
further conditions:-
(i) That petitioner shall not involve in the
similar nature of offence till the conclusion
of trial, failing which, the State shall be at
liberty to move before the Trial Court itself
for the cancellation of bail bond of the
petitioner.
Patna High Court CR. MISC. No.30661 of 2026(2) dt.12-05-2026
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(ii) Accused/Petitioner shall cooperate in
the trial and shall be physically present on
each and every date before the Trial Court
till conclusion of the trial and exemption
from physical appearance be allowed by
the Trial Court, only on medical ground of
the petitioner duly supported by the
documents.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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