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Patna High Court

Chandan Kumar @ Babua @ BauaversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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