Patna High Court

Chandan Kumar GuptaversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court held that, in view of the lack of incriminating evidence against the petitioner, regular bail should be granted.

Summary

Chandan Kumar Gupta petitioned for regular bail in a case registered under Section 140(2) of the B.N.S. and Sections 25(1‑b)a, 26 and 35 of the Arms Act, alleging kidnapping and ransom demand. He claimed innocence, stating he was not named in the FIR and was not captured in CCTV footage, whereas the victim’s statements were inconsistent. The petitioner had been in custody since 29‑05‑2025. The State opposed bail. Considering the lack of substantive evidence linking the petitioner to the alleged offence, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, and directed procedural steps regarding the case diary.

Issues considered

Whether regular bail should be granted to the petitioner in a kidnapping and arms possession case.
Whether the evidence on record, including victim statements and CCTV footage, sufficiently implicates the petitioner to deny bail.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
B.N.S. — s. 140(2)

Subjects

regular bail
kidnapping
arms act
evidence
CCTV
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79310 of 2025
                       Arising Out of PS. Case No.-43 Year-2025 Thana- Karvandiya District- Rohtas
                 ======================================================
                 Chandan Kumar Gupta S/o Ram Ashish Gupta R/ol Village- Bansa, P.S-
                 Sasaram (M), Disr- Rohtas

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashwat Sahil Singh, Adv.
                 For the Opposite Party/s :        Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   13-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Karvandiya P.S. Case No. 43 of 2025 registered for the offence

                   punishable under Section-140(2) of the B.N.S. and 25(1-b)a, 26,

                   35 of the Arms Act.

                                3. Allegedly, in course of returning home after closing

                   his grocery shop, in the way, a Swift Dzire car intercepted him

                   and three-four persons came out of the car and forcibly made

                   him sit in the car. It is also alleged that ransom amount of Rs.

                   50,000,00/- was demanded by the abductor by calling on the

                   victim’s wife mobile.

                                4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.79310 of 2025(4) dt.13-02-2026
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          that the petitioner is innocent and he has falsely been implicated

          in this case. He is not named in the F.I.R. The victim in his

          statement recorded at paragraph-53 of the case diary has stated

          that two persons got down from the vehicle and forcibly made

          him sit in that vehicle but after one month, his statement was

          again taken in which, he has stated that the petitioner was also

          there in front of the vehicle, who was identified as Chandan

          Kumar Gupta but in CCTV footage (paragraph-11 of the case

          diary) only two persons were seen forcibly taking away the

          victim in the vehicle. The petitioner was not seen in the CCTV

          footage. He is under custody since 29-05-2025.

                       5. Learned counsel appearing for the State has

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner named above, 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 learned Principal District

          & Sessions Judge, Sasaram, Rohtas in connection with

          Karwandiya P.S. Case No. 43 of 2025.

                       7. The xerox copy of the case diary be taken out from

          this case and the same be attached with Cr. Misc. No. 86983 of

          2025 which is still pending and after disposal of Cr. Misc. No.
            Patna High Court CR. MISC. No.79310 of 2025(4) dt.13-02-2026
                                                        3/3




                      86983 of 2025, the case diary be transmitted to the court below.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T

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