Patna High Court
Chandan Trivedi @ Chandan TripathiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted because the petitioner was not named in the FIR and there was no material evidence linking him to the offence, rendering the accusation general and omnibus.
Summary
The petitioner, Chandan Trivedi, sought anticipatory bail after learning of a pending case involving offences under Sections 109, 3(5), and later 103 of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.) and Section 27 of the Arms Act. The alleged incident involved the shooting and subsequent death of the brother of an informant, but the petitioner’s name does not appear in the FIR. The prosecution’s case rests solely on the confessional statement of co‑accused Gaurav Kumar, with no other material linking the petitioner to the crime. The petitioner’s counsel argued that the lack of direct evidence and the general, omnibus nature of the accusation warrant bail, citing that a co‑accused, Ranjit Mahto, had already been granted anticipatory bail. The court, agreeing that there is insufficient basis to detain the petitioner, allowed the anticipatory bail with a bail bond of Rs 10,000 and two sureties, subject to Section 482(2) of the B.N.S. and an eight‑week window for arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not named in the FIR and the only evidence is a co‑accused’s confessional statement.
- Whether the general and omnibus nature of the accusation justifies bail under Section 482(2) of the B.N.S.
- Whether the prior grant of anticipatory bail to a co‑accused influences the decision for the petitioner.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 103, 109, 3(5), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nagrik Suraksha Sanhita
- Arms Act
- confessional statement
- FIR
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83468 of 2025
Arising Out of PS. Case No.-784 Year-2024 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Chandan Trivedi @ Chandan Tripathi Son of Brij Mohan Trivedi @ Braj
Mohan Trivedi R/o- Madhuban Colony, New Jaganpura, P.S.- Ram Krishna
Nagar, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ghanshyam Tiwary, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard Mr. Ghanshyam Tiwary, learned counsel for
the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the
State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 109 and 3(5) of the
B.N.S. and Section 27 of the Arms Act and later on, Section 103
of B.N.S. was added.
3. As per prosecution case, brother of informant was
shot by some unknown persons near Masaurhi More and during
course of treatment, the victim died.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Petitioner is not named in the F.I.R.. Name of petitioner
Patna High Court CR. MISC. No.83468 of 2025(2) dt.09-02-2026
2/3
transpired during course of investigation only on the basis of
confessional statement of co-accused Gaurav Kumar. Save and
except the same, there is no other material on record to show the
complicity of this petitioner in the alleged offence. It is further
submitted that co-accused Ranjit Mahto, having similar and
identical allegations, has already been granted the privilege of
anticipatory bail by this Hon’ble Court vide order dated
11.09.2025 passed in Cr. Misc. No. 62138 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and claim based
on parity, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged 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 J.M. 1 st Class, Patna in
connection with Ramkrishna Nagar P.S. Case No. 784 of 2024,
subject to condition as laid down under Section 482(2) of the
Patna High Court CR. MISC. No.83468 of 2025(2) dt.09-02-2026
3/3
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…