Patna High Court
Chandan Yadav @ Chandan GopeversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Chandan Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 394, 411 and 414 of the Indian Penal Code. The prosecution alleged that on 31-10-2023 the petitioner was part of a gang that robbed an informant, but the petitioner’s name was not in the FIR and surfaced only through the confessional statements of co‑accused Sonelal Yadav and Pintu Yadav, whose disclosures led to the recovery of stolen items. The petitioner argued innocence and lack of material linking him to the offence, while the State highlighted the reliance on the co‑accused’s confession and the petitioner’s two prior criminal antecedents. The court examined the sufficiency of the material, the nature of the accusations and the petitioner’s antecedents. Concluding that the only basis for the allegation was a confessional statement and considering the petitioner’s criminal history, the court rejected the prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted when the petitioner’s involvement is alleged solely on the basis of a co‑accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 394, 411, 414
Subjects
- anticipatory bail
- confessional statement
- co‑accused
- criminal antecedents
- IPC sections 394, 411, 414
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82871 of 2025
Arising Out of PS. Case No.-428 Year-2023 Thana- MOKAMAH District- Patna
======================================================
Chandan Yadav @ Chandan Gope S/o Yugal Yadav R/o Village - Tartar, Ward
No. 8, P.S - Ghoswari, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Raj Kishor Prasad, Advocate
For the State : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 394, 411
and 414 of the Indian Penal Code.
3. As per prosecution case, it is alleged that on
31.10.2023, when the informant was going to Munger, in the
meantime, five unknown persons surrounded him, forcibly
made him seat in a tempo, snatched his cash, mobile phone,
vehicle and other articles and thereafter, left him near an orchard
and fled away.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is not named in the F.I.R..
Patna High Court CR. MISC. No.82871 of 2025(2) dt.05-01-2026
2/2
Name of petitioner transpired in this case during course of
investigation merely on the basis of confessional statement of
co-accused person. Save and except confessional statement,
there is no material on record to show the complicity of this
petitioner in the alleged offence.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that name of petitioner transpired in
this case during course of investigation on the basis of
confessional statement of co-accused Sonelal Yadav and Pintu
Yadav on whose disclosure, stolen articles were recovered.
Petitioner has got two criminal antecedents.
6. Considering the facts and circumstances of the
case, materials that have surfaced during course of investigation,
nature of accusation and criminal antecedents of the petitioner,
the prayer for grant of anticipatory bail to the petitioner is
rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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