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Patna High Court

Chandan Mehta @ Chandan Kr. Singh @ Chandan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Chandan Mehta, applied for bail in a case registered as Korha P.S. Case No. 470 of 2022, alleging offences under Sections 356 and 379 of the Indian Penal Code. The prosecution alleged that on 21‑10‑2022 the petitioner, along with accomplices, intercepted an informant, robbed him of his bike, mobile phone and cash. The petitioner contended that he was falsely implicated, that the FIR was lodged against unknown persons, and that the only incriminating material was the confessional statement of co‑accused Rajesh Kumar, with no material recovered from his possession. The State opposed bail, highlighting the petitioner’s alleged criminal antecedent of four prior cases. After hearing both sides, the Court considered the lack of direct evidence against the petitioner and the circumstances of the case. The Court decided to enlarge bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount. Consequently, the petitioner was released on bail pending trial.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 356 and 379 IPC in view of the alleged facts and his criminal antecedents
  • Whether the confessional statement of a co‑accused alone suffices to justify denial of bail

Legislation cited

Subjects

  • bail
  • IPC Section 356
  • IPC Section 379
  • theft
  • assault
  • confessional statement
  • criminal antecedent
  • high court
  • Katihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4696 of 2026
                        Arising Out of PS. Case No.-470 Year-2022 Thana- KORHA District- Katihar
                 ======================================================
                 Chandan Mehta @ Chandan Kr. Singh @ Chandan Kumar, S/o Late Hansraj
                 @ Hansaraj Singh, R/o Village- Fariyani, Ward No.09, P.S- Maranga, Dist-
                 Katihar.
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md Musowir, Advocate
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Korha P.S. Case No. 470 of 2022 registered for the offence

                   punishable under Sections 356 and 379 of the I.P.C.

                                3. The case of the prosecution, in short, is that on

                   21.10.2022, the informant was returning home on his bike from

                   Bayasi after completing his work. At about 09.00 P.M. while he

                   was on his way between Mahinatpur Chowk and Chethriyapur,

                   two persons riding on a bike along with two other individuals on

                   another bike intercepted him, knocked him down and they took

                   away the bike, mobile and a purse containing Rs. 2500/-.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
             Patna High Court CR. MISC. No.4696 of 2026(2) dt.02-02-2026
                                                         2/2




                       committed no offence. He has been falsely implicated in this

                       case. The F.I.R. was lodged against unknown miscreants.

                       During course of investigation, one Rajesh Kumr has given his

                       confessional statement and the name of this petitioner has

                       surfaced in the confessional statement of Rajesh Kumar. It has

                       further been submitted that nothing has been recovered from his

                       possession. Save and except the confessional statement of co-

                       accused Rajesh Kumar, there is nothing against him. He is

                       languishing in judicial custody since 31.07.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of four cases.

                                    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

                       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 C.J.M.,

                       Katihar in connection with Korha P.S. Case No. 470 of 2022.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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