Patna High Court
Chandeshwar Rai @ Chandra Shekhar Rai @ Baba @ Pathak BabaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to conditions.
Summary
The petitioner, Chandeshwar Rai, was arrested on 11 February 2022 in connection with a case involving the alleged robbery and shooting of an informant’s motorcycle, charged under IPC sections 394 and 307 and Section 27 of the Arms Act. The prosecution’s case is based on the confessional statement of a co‑accused, Suraj Patel, as the petitioner’s name does not appear in the FIR. The petitioner contended that he is innocent, that no material has been recovered from his possession, and that no TIP has been conducted. The State opposed bail, citing five prior criminal convictions, but acknowledged that the petitioner is already on bail in the same matter. The Court, after considering the circumstances, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, presence, non‑tampering of evidence and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under IPC sections 394 and 307 and Arms Act section 27
- Whether the petitioner’s prior criminal antecedents justify denial of bail
- Whether the fact that the petitioner’s name is absent from the FIR but implicated through a co‑accused’s statement affects the bail decision
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 394
Subjects
- bail
- IPC 307
- IPC 394
- Arms Act 27
- criminal antecedents
- co‑accused statement
- evidence tampering
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73469 of 2025
Arising Out of PS. Case No.-603 Year-2021 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Chandeshwar Rai @ Chandra Shekhar Rai @ Baba @ Pathak Baba S/O
Sindeshwar Rai@ Adadh Pathak R/O village - Ratiya @ Radhiya, P.S.-
Mahrajganj, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 18-04-2026 Heard Mr. Hemant Kumar, learned counsel for the
petitioner as well as Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.02.2022 in connection with Hajipur Sadar P.S. Case No.
603/2021, F.I.R. dated 01.07.2021 for the offences punishable
under Sections 394 and 307 of the Indian Penal Code and
Section 27 of the Arms Act.
3. According to prosecution case, two unknown
miscreants are alleged to have intercepted the motorcycle of the
informant and fired upon his shoulder and took away the
informant’s motorcycle and fled away.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.73469 of 2025(6) dt.18-04-2026
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petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is
false and fabricated and nothing has been recovered from the
conscious possession of the petitioner and till date no TIP has
been conducted by the prosecution. Learned counsel for the
petitioner submits that the petitioner is not named in the FIR, the
name of the petitioner has transpired during investigation on the
basis of the confessional statement of the co-accused person,
namely, Suraj Patel. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 11.02.2022.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries five criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM,
Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case
Patna High Court CR. MISC. No.73469 of 2025(6) dt.18-04-2026
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No. 603/2021 subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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