Patna High Court
Chandan Kumar @ DeepakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Chandan Kumar, was arrested in connection with a robbery under Section 392 of the Indian Penal Code, wherein the alleged victim was allegedly robbed of cash and a motorcycle at gunpoint. He has been in custody since 12 December 2023 without being produced for a T.I. parade, although a chargesheet was filed and charges were framed by the trial court. The petitioner filed an application for regular bail, contending that he was falsely implicated and is willing to cooperate with the trial. The State opposed the bail application. After considering the FIR allegations, the investigation material, the prolonged pre‑trial detention of over two years, and the fact that charges have been framed, the High Court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to an accused under Section 392 IPC after prolonged pre‑trial detention and after charges have been framed.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- regular bail
- pre‑trial detention
- charge framed
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6151 of 2026
Arising Out of PS. Case No.-373 Year-2023 Thana- BIBHUTIPUR District- Samastipur
======================================================
Chandan Kumar @ Deepak S/o Ram Dayal Singh R/o Village- Basadiya, P.S-
Dalsinghsarai, District- Samastipur, Bihar-848101.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bibhutipur P.S. Case
no.373 of 2023 registered under section 392 of the Indian Penal
Code.
3. As per the prosecution case, while the informant
was returning home from the coaching classes, it is stated that
two persons on the point of pistol looted him of Rs.900/ in cash
and his motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was falsely implicated in the case in course of
investigation. Inspite of having been in custody since
12.12.2023, he was not put on T.I. parade and chargesheet was
submitted. Referring to the statement made in paragraph no.12
Patna High Court CR. MISC. No.6151 of 2026(2) dt.04-02-2026
2/2
of the petition, it is submitted that charge has been framed in the
learned trial Court. The petitioner undertakes to cooperate in the
trial.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation as discussed in the
order of the learned trial Court, the petitioner having remained
in custody for more than 2 years since 12.12.2023 and charge
having been framed in the learned trial Court, the Court directs
the petitioner to be enlarged on bail in connection with
Bibhutipur P.S. Case no.373 of 2023 on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Sub Divisional
Judicial Magistrate, Rosera, Samastipur.
(Partha Sarthy, J)
Saurabh/-
U T
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