Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 310(2), 317(3)
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
Checking your session…