Patna High Court
Chandan kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KUMAR MANISH
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
- Bharatiya Nyay Sanhita, 2023 — s. 111(2), 303(2), 317(2), 317(4), 317(5), 318(4), 336(3), 338, 3(5)
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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