Patna High Court
Chandan yadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Chandan Yadav was arrested in connection with a case alleging that he, along with twelve others, entered the informant's house armed, threatened the occupant and looted jewellery on 22 September 2025. He was charged under multiple sections of the B.N.S. and Section 27 of the Arms Act. The petitioner pleaded for regular bail, contending that the FIR was lodged four weeks after the alleged incident, that the allegations against him were vague, and that other co‑accused had already been granted anticipatory bail. The State opposed the bail on the ground of the seriousness of the offences and the petitioner’s five prior criminal cases. After hearing both sides, the Court held that the delay in filing the FIR and the lack of specific incriminating material against the petitioner warranted bail. Accordingly, the Court ordered his release on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the charges and his prior criminal antecedents
- Whether the delay between the alleged incident and the filing of the FIR justifies the grant of bail
- Whether the prosecution has made specific allegations against the petitioner sufficient to deny bail
Legislation cited
Subjects
- regular bail
- criminal procedure
- delay in FIR
- anticipatory bail
- armed robbery
- prior criminal antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40301 of 2026
Arising Out of PS. Case No.-274 Year-2025 Thana- GOGRI District- Khagaria
======================================================
Chandan yadav S/o- Sarjan Yadav R/o Village - Naya Tola Taufir, P.S.- Gogri,
District- Khagaria,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanshu Ranjan, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 324(4),
324(5), 191(2), 109, 303(2), 109(1), 308(5), 351(2), 352, 326(a),
326(g), 329(3) and 3(5) of the B.N.S. and Section 27 of the
Arms Act.
3. The case of the prosecution, in short, is that the
marriage of the informant’s son, namely, Abhishek Kumar was
forcefully solemnized with one Mausam Kumari for which a
case was filed by Niraj Kumar Yadav as Gogri P.S. Case No.
250 of 2025. In that case, Mausam Kumari has given her
statement under Section 164 of the Cr.P.C. and has accepted the
marriage. It is further alleged that on 22.09.2025 at 8 P.M. the
Patna High Court CR. MISC. No.40301 of 2026(2) dt.24-06-2026
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petitioner along with other named 12 persons being armed with
weapon arrived at the house of the informant, threatened him of
dire consequences and looted jwellery and other articles.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Leaned counsel for the petitioner has submitted that the
nature of allegation is general and omnibus. It has further been
submitted that from perusal of the F.I.R. it will transpire that the
date of occurrence is 22.09.2025 whereas the F.I.R. has been
lodged on 26.10.2025. The delay is not explained by the
prosecution. It has further been submitted that other accused
persons have been granted anticipatory bail by learned trial
Court itself. Petitioner is having criminal antecedent of five
cases. Save and except the antecedent of the petitioner, there is
no specific allegation against him. Moreover, he is languishing
in judicial custody since 26.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.40301 of 2026(2) dt.24-06-2026
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petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M., Gogri, Khagaria in connection with Gogri P.S. Case
No. 274 of 2025.
(Ashok Kumar Pandey, J)
lata/-
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