Patna High Court
Chandan Kumar Yadav @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Chandan Kumar Yadav, who has been in custody since 4 September 2025, applied for bail in a case registered under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 concerning a robbery at gunpoint. The prosecution’s case is based on the testimony of an informant and the confessional statements of co‑accused, while the petitioner’s name does not appear in the FIR and no stolen items were recovered from him. The petitioner argued that he has a clean antecedent and no direct involvement in the alleged offence. The State opposed the bail. The High Court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance, conduct, and verification of antecedents. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR but is implicated solely through a co‑accused’s confessional statement.
- Whether the nature of the offences under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 warrants denial of bail.
- Whether the petitioner’s clean antecedent and lack of recovered material justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 3(5)
Subjects
- bail
- criminal procedure
- robbery
- confessional statement
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 309
- Section 3
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85322 of 2025
Arising Out of PS. Case No.-83 Year-2025 Thana- SIKRAUL District- Buxar
======================================================
Chandan Kumar Yadav @ Chandan Kumar, Son of Upendra Yadav, Resident
of Village - Bhadar, P.O.- Bhadar, Police Station - Sikraul, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Din Bandhu Singh, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Sikraul P.S. Case No. 83 of 2025 registered for
the offences punishable under Sections 309(4), 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant alleged
that three persons on a motorcycle intercepted him and on the
gun point took away his motorcycle, mobile and wallet. It has
further been submitted that the bag containing documents and a
tab along with Aadhaar Card, PAN card and ATM card were also
looted.
4. The learned counsel for the petitioner submits that
the petitioner is not named in the FIR and his name has surfaced
in this case only on the confessional statement of co-accused
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persons. It has further been submitted that no recovery
whatsoever has been made from the conscious possession of the
petitioner rather from the confessional statement of other co-
accused the looted materials have been recovered by the police
and the petitioner has no concern whatsoever with the said
incident. It has next been submitted that the petitioner carries
clean antecedent and he is in custody since 04.09.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, 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 the learned
court below where the case is pending/successor court in
connection with Sikraul P.S. Case No. 83 of 2025 subject to the
following conditions:-
(i) One of the bailors of the petitioner
shall be his close relative and the other shall be
local resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to
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be cancelled by the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution
shall be at liberty to move for cancellation of his
bail bond.
(v) The learned Court below shall verify
the criminal antecedent of the petitioner and in case
at any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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