Patna High Court
Chandan Kumar @ Babua @ BauaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SOURENDRA PANDEY
Holding
The court denied anticipatory bail to the petitioner.
Summary
Chandan Kumar applied for anticipatory bail in connection with a robbery case (Section 392 IPC) arising from a complaint that his motorcycle was looted at gunpoint. The petitioner argued that he is not named in the FIR, his name appears only in a co‑accused’s confessional statement, no property has been recovered from him, and he is being implicated solely due to eight prior similar criminal antecedents. The State opposed the bail, emphasizing his extensive criminal record. The Patna High Court, after considering the submissions, declined to grant anticipatory bail, noting the petitioner’s long list of antecedents, and ordered that if he surrenders, the lower court may consider a bail application without prejudice. Consequently, the anticipatory bail petition was rejected.
Issues considered
- Whether anticipatory bail should be granted to a person not named in the FIR but mentioned in a co‑accused’s confessional statement.
- Whether a history of multiple similar criminal antecedents precludes the grant of anticipatory bail.
- Whether the absence of any recovery from the petitioner’s premises affects the bail decision.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- anticipatory bail
- robbery
- Section 392 IPC
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64702 of 2025
Arising Out of PS. Case No.-545 Year-2022 Thana- SAKRA District- Muzaffarpur
======================================================
Chandan Kumar @ Babua @ Baua S/o Upendra Singh R/o Village - Ali Sarai,
P.S - Sakra, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No. Ii, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Sakra P.S. Case No. 545 of 2022 dated
19.10.2022 instituted for the offence punishable under Section
392 of the Indian Penal Code.
3. As per the prosecution case, the informant has
alleged that while he was going to his Sasural his motorcycle
was looted on gun point.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR and his name has surfaced in
the confessional statement of a co-accused. It is further
submitted that no recovery whatsoever has been made from the
house of the petitioner and the petitioner has been falsely
Patna High Court CR. MISC. No.64702 of 2025(3) dt.17-01-2026
2/2
implicated merely on account of the fact that he carries 8
criminal antecedents of similar nature.
5. learned APP has vehemently opposed the prayer for
anticipatory bail and has submitted that the petitioner carries
antecedents of similar nature and he should not be granted the
liberty of anticipatory bail.
6. Considering the aforesaid submissions and the fact
that the petitioner has long list of criminal antecedents, I am not
inclined to enlarge the petitioner on anticipatory bail.
7. Accordingly, the prayer for anticipatory bail is
rejected.
8. In the event of his surrender before the learned
court below, the court below shall consider the bail application
on the same day without being prejudiced by the order passed
by this Court.
(Sourendra Pandey, J)
krishna/-
U T
Checking your session…