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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail was warranted as the petitioner’s only incriminating material was his confessional statement and, given the absence of other evidence and the release of a co‑accused on bail, his liberty should be restored pending trial.

Summary

The petitioner, Chandan Kumar, sought bail for offences under Sections 310(2) and 317(3) of the B.N.S., arising from an alleged bike robbery. The prosecution alleged that three bikers intercepted the informant and seized his bike, and the FIR named unknown miscreants, with the petitioner later giving a confessional statement. The petitioner contended he was falsely implicated, that the confessional statement was the sole piece of evidence against him, and that he had been in custody since October 2024, while another co‑accused had already been released on bail. The State opposed bail, highlighting four prior criminal antecedents. After hearing both sides, the court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate, Jamui.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences under Sections 310(2) and 317(3) of the B.N.S.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail
  • Whether the confessional statement alone constitutes sufficient ground to deny bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • antecedents
  • Sections 310(2) and 317(3) B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79768 of 2025
                      Arising Out of PS. Case No.-312 Year-2024 Thana- SIKANDRA District- Jamui
                 ======================================================
                 Chandan Kumar S/o Banaras Paswas @ Varanas Paswan Resident of Village-
                 Lalganj, P.S.- Chewara, District- Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Eashita Raj, Advocate
                 For the Opposite Party/s :      Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   18-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sikandra P.S. Case No. 312 of 2024 registered for the

                   offence punishable under Sections 310(2) and 317(3) of B.N.S.

                                3. The case of the prosecution, in short, is that the

                   informant was going home on his bike. At about 9:50 P.M.,

                   three bikers intercepted him and it is alleged that they took away

                   the bike of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. The F.I.R. was lodged against unknown miscreants. The

                   petitioner was remanded in this case from Chandradeep P.S.
            Patna High Court CR. MISC. No.79768 of 2025(4) dt.18-02-2026
                                                        2/2




                      Case No. 190 of 2024 wherein he has given his confessional

                      statement. It has further been submitted that save and except the

                      confessional statement of the petitioner, nothing is against the

                      petitioner. No recovery has been made from the possession of

                      this petitioner. He has also submitted that other co-accused

                      person has already been granted bail by this court vide Cr. Misc.

                      No. 82137 of 2025. Moreover, the petitioner is languishing in

                      judicial custody since 15.10.2024.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the application for bail and has submitted

                      that petitioner is having four criminal antecedents.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned Judicial

                      Magistrate, Jamui in connection with Sikandra P.S. Case No.

                      312 of 2024.



                                            (Ashok Kumar Pandey, J)
shubham/-
U      T


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