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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 to the petitioner subject to monetary and procedural conditions.

Summary

The petitioner, Chandan Kumar, was arrested in connection with a stolen motorcycle case alleging that he tampered with the chassis number and was implicated under several sections of the Bharatiya Nyay Sanhita, 2023. The prosecution's case relied on a confessional statement linking the petitioner to the crime, while the petitioner claimed innocence, no prior criminal record, and that the allegations were false and concocted. He applied for regular bail, having been in custody since 31 March 2026. The court examined the seriousness of the charges and the petitioner's claim of false implication, and decided to grant bail subject to a bond of Rs.10,000 with two sureties and specific conditions regarding family surety, cooperation with trial, and non‑tampering with evidence or witnesses. The bail order directs the petitioner to appear personally or through counsel at all required court dates, and allows the prosecution to move for cancellation if conditions are breached.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bharatiya Nyay Sanhita, 2023.
  • Whether the allegations against the petitioner constitute false and concocted charges warranting bail.

Legislation cited

Subjects

  • bail
  • regular bail
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • false implication
  • evidence tampering
  • motorcycle theft

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38284 of 2026
                   Arising Out of PS. Case No.-74 Year-2026 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Chandan kumar Son of Sanjay Yadav @ Sanjay Kumar Yadav Resident Of
                 Village -Chintamanpur Ps -Mehsi District -East Champaran Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Tiwari
                 For the Opposite Party/s :       Mr.Umeshanand Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

2   19-06-2026                  Heard learned counsel for the petitioner and learned A.P.P.

                   for the State.

                                2. Petitioner seeks regular bail in a case registered for the

                   offence punishable under Sections 303(2), 317(2), 317(4), 317(5),

                   318(4), 338, 336(3), 111(2), 3(5) of the Bharatiya Nyay Sanhita,

                   2023.

                                3. As per the prosecution story, a stolen motorcycle was

                   seized. The person who was caught stated that he had purchased the

                   vehicle from one Vivek Kumar and the fake chassis number was

                   punched by this petitioner and the name of the petitioner has

                   transpired on the confessional statement of Yashwant Kumar..

                                4. It has been submitted on behalf of the petitioner that he

                   is innocent and he has been falsely implicated in this case and the

                   petitioner has no criminal antecedent and he is languishing in

                   custody since 31.03.2026 and he has nothing to do with the alleging

                   occurrence. Allegation was ever levelled against the petitioner is
            Patna High Court CR. MISC. No.38284 of 2026(2) dt.19-06-2026
                                                        2/2




                      false, concocted and baseless.

                                    5. Learned A.P.P. for the State opposes the prayer for bail

                      of the petitioner.

                                    6. Considering the aforesaid facts and circumstances of

                      the case, the petitioner, above named, is directed to be released on

                      bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Judicial Magistrate, East Champaran, Motihari/ successor Court in

                      connection with Rajepur P.S. Case No. 74 of 2026 on the following

                      condition :-

                                    (i) That one of the bailor should be family member of the

                      petitioner.

                                    (ii) That the petitioner will cooperate in the trial and will

                      remain present on all dates personally or should be duly represented

                      through his counsel and whenever required to be physically present

                      by the Court, he should physically appear in Court on that date.

                                    (iii) If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move for

                      cancellation of bail.



                                                                           (Kumar Manish, J)
sanjeev/-
U       T


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