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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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