Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding no sufficient ground to deny release.
Summary
Chandan Kumar was arrested in connection with a theft of a Scorpio vehicle and charged under Section 309(6) of the Bhartiya Nyay Sanhita. He was not named in the FIR; his name emerged only from a co‑accused's confessional statement. The prosecution alleged he knowingly purchased the stolen vehicle, but no direct evidence of his knowledge was presented. The investigation was already completed and a charge‑sheet filed, and the petitioner had been in custody since 24‑06‑2025. The learned Additional Public Prosecutor opposed bail, yet the court, noting the lack of incriminating material and the completed investigation, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 437(3) Cr.P.C. and Section 480(3) B.N.S.S.
Issues considered
- Whether bail should be granted to an accused not named in the FIR and whose alleged involvement is based solely on a co‑accused's confession
- Whether the completed investigation and lack of evidence of knowledge justify bail under Section 309(6) B.N.S.S.
Legislation cited
- Bhartiya Nyay Sanhita — s. 309(6), 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- theft
- stolen property
- confessional statement
- investigation completed
- Section 309(6) B.N.S.S.
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77766 of 2025
Arising Out of PS. Case No.-379 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Chandan Kumar son of Balbir Yadav Resident of Village- Singhara (Kopa),
Ps- Dulhin Bazar, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar @ S.K.
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 06-02-2026 Heard the parties.
2. The accused/petitioner seeks bail in connection
with Gaurichak P.S. Case No. 379 of 2025 registered for the
offences under Sections 309(6) of the Bhartiya Nyay Sanhita.
3. The accused/petitioner is not named in the First
Information Report and is in custody since 24.06.2025.
4. As per FIR, unknown miscreants alongwith named
co-accused persons looted the Scorpio vehicle of the
informant while he visited a site.
5. It is submitted by learned counsel appearing on
behalf of the petitioner that name of this petitioner transpired
during course of investigation on the basis of confessional
statement of apprehended co-accused namely, Amit Kumar.
It is submitted that nothing surfaced during investigation
which may suggest that petitioner was under knowledge that
Patna High Court CR. MISC. No.77766 of 2025(3) dt.06-02-2026
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Scorpio vehicle is stolen property. It is pointed out that
admittedly as it was purchased against Rs. 50,000/- therefore
suspicion was drawn that the petitioner purchased the Scorpio
knowingly that same is stolen property. It is pointed out that
looted scorpio car was recovered from an open place easily
accessible by general public. While concluding argument, it is
submitted that petitioner found involved in one more criminal
case, where he is on bail and, moreover, investigation of this
case is already concluded, for which charge-sheet has been
submitted and as such, there is no chance of tampering with
the evidence.
6. Learned A.P.P. opposes the prayer for bail.
7. In view of aforesaid factual submission and by
taking note of the nature of accusation in totality, coupled
with the fact that investigation of this case is already
completed, where petitioner remains in custody since
24.06.2025, accordingly, above-named petitioner is directed
to be released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand only) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.77766 of 2025(3) dt.06-02-2026
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Judicial Magistrate-II, Patna City/concerned court, in
connection with Gaurichak P.S. Case No. 379 of 2025,
subject to the condition as laid down under Section 437(3)
Cr.P.C/Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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