Patna High Court
Chandan Kumar Tiwari @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail conditionally, subject to verification of the deposited amount and compliance with the stipulated bail bond and surety requirements.
Summary
The petitioner, Chandan Kumar Tiwari, feared arrest in connection with a criminal case (PS No. 263 of 2024) filed under Sections 406, 407, 408 and 420/34 of the Indian Penal Code. He submitted proof that he had deposited Rs. 2,23,289 on 24-12-2025 as required by the court. The High Court, after hearing counsel for both parties, allowed the bail application. The court ordered that, should the petitioner be arrested or surrender within six weeks, he be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the conditions of Section 482 of the CrPC and Section 438(2) of the CrPC. The lower court was directed to verify the earlier deposit before accepting the bail bond.
Issues considered
- Whether the petitioner is entitled to bail in the pending case under Sections 406, 407, 408 and 420/34 IPC.
- Whether the deposit of Rs. 2,23,289 satisfies the conditions for granting bail.
- What conditions under the CrPC should be imposed for the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 34, 406, 407, 408, 420
Subjects
- bail
- Indian Penal Code
- Criminal Procedure Code
- sureties
- anticipatory arrest
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68082 of 2025
Arising Out of PS. Case No.-263 Year-2024 Thana- NAYAGAON District- Saran
======================================================
Chandan Kumar Tiwari @ Chandan Kumar S/O Bhuneshwar Tiwari Resident
of Village- Khangaon, P.S.- Koilwar, Dist.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamla Kant Pandey, Advocate
For the State : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Nayagaon P.S. Case No. 263 of 2024 instituted under
Sections 406, 407, 408 and 420/34 of the Indian Penal Code.
3. Learned counsel for the petitioner has submitted
that pursuant to the order dated 24.12.2025, he has deposited
Rs. 2,23,289/- and supplement affidavit to this effect has been
filed.
4. Considering the above, this application is allowed.
5. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.68082 of 2025(4) dt.27-02-2026
2/2
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, J.M., 1st Class, Chhapra (Saran)/ concerned Court in
connection with Nayagaon P.S. Case No. 263 of 2024, subject to
the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
6. At the time of accepting bail bonds of the
petitioner, the Court below will verify the fact as to whether the
amount has been deposited or not. The bail bonds of the
petitioner shall only be accepted by the Court below if it is
found that the petitioner has deposited the aforesaid amount as
indicated above.
(Sandeep Kumar, J)
P. Kumar
U T
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