Patna High Court
Chandra Bhushan SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with conditions, despite the pending framing of charges.
Summary
The petitioner, Chandra Bhushan Singh, sought regular bail in a case registered under section 317(5) of the Bihar Narcotic Substances Act, 2023. The earlier bail petition had been rejected, but the petitioner argued that charges had not yet been framed and he was merely in possession of a truck alleged to be stolen, not the thief. The prosecution contended that the petitioner fled when intercepted and failed to disclose his identity, opposing bail. The court noted the lack of charge framing, the petitioner’s custody since July 2024, and his criminal antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties and specific conditions, including a relative as bailor, cooperation with trial, and weekly police station attendance. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether regular bail can be granted when charges under section 317(5) BNS, 2023 have not yet been framed
- Whether the petitioner poses a flight risk or threat to the investigation given his criminal antecedents
- Whether the conditions imposed are appropriate to ensure the petitioner’s attendance at trial
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 317(5)
Subjects
- bail
- regular bail
- pending charges
- criminal antecedents
- section 317(5) BNS
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5345 of 2026
Arising Out of PS. Case No.-323 Year-2024 Thana- PANCHRUKHI District- Siwan
======================================================
Chandra Bhushan Singh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramadhar Shekhar, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 17-04-2026 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 317 (5) of
the BNS, 2023.
3. Learned counsel for the petitioner has submitted
that the earlier bail petition of the petitioner was rejected vide
order dated 21st January, 2025 passed in Cr. Misc. No. 73098 of
2024 with a liberty to renew his prayer for bail after six months.
It is further submitted that a report was called for from the
learned trial court and, from perusal of the said report, it is
evident that even the charges have not yet been framed.
4. The case of the prosecution, in brief, is that the
police was engaged in checking vehicles. In the meantime, a
Patna High Court CR. MISC. No.5345 of 2026(5) dt.17-04-2026
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truck, which was being driven by the petitioner, was intercepted.
The driver initially attempted to flee but was apprehended. It is
alleged that he did not disclose anything regarding his identity
or the ownership of the truck. During the course of
investigation, it transpired that the said truck belongs to one
Mithilesh Kumar resident of Tata Road, Ranchi, who had lodged
an FIR at Namkom Police Station regarding theft of the said
truck.
5. Learned counsel for the petitioner has submitted
that, from the entire materials on record, it is not evident that the
petitioner had stolen the truck and that he has only been
apprehended in possession of the allegedly stolen vehicle. It is
further submitted that the petitioner is in custody since
09.07.2024 and till date even the charges have not been framed.
6. Learned APP for the State has vehemently opposed
the prayer for bail.
7. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Pachrukhi (Sarai) P.S. Case No. 323 of
2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.5345 of 2026(5) dt.17-04-2026
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learned Judicial Magistrate, First Class, Siwan/concerned Court,
subject to the following conditions:-
(i) One of the bailors shall be a near relative of the
petitioner;
(ii) The petitioner shall cooperate in the trial and shall
remain present before the trial court as and when required; and
(iii) In view of the fact that the petitioner having
criminal antecedents of 10 cases, he shall mark his weekly
attendance at Panchrukhi Police Station until conclusion of the
trial.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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