Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties.
Summary
Chandan Kumar was arrested in connection with a case involving the illegal possession of arms and a narcotic offence, alleged to have occurred when police recovered a stolen scooter and arms from a house identified as belonging to a suspect named Moti Kumar. The petitioner contended that he was falsely implicated, with only a co-accused’s confessional statement linking him to the crime and no material seized from his possession. He had been in judicial custody since 26 September 2025 and argued that he had no prior involvement in the offence. The State opposed bail, citing the petitioner’s earlier criminal antecedent. After hearing both sides, the Patna High Court granted bail, directing the petitioner to furnish a bond of Rs. 10,000 with two sureties.
Issues considered
- What is the appropriateness of granting bail to the petitioner under the Arms Act and the Bihar Narcotic Substances Act given the evidence primarily consists of a co-accused’s confessional statement and the petitioner’s prior criminal antecedent?
Legislation cited
- Arms Act, 1959 — s. 25(1-b)a, 26
- Bihar Narcotic Substances Act — s. 317(5)
Subjects
- bail
- Arms Act
- Bihar Narcotic Substances Act
- confessional statement
- criminal antecedent
- judicial custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86509 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- JAYRAMPUR District- Sheikhpura
======================================================
Chandan Kumar, Son of Shambhu Saw, R/o - Ganjpar, Barbigha, P.S.-
Mission, District - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya Kumari, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Jairampur P.S. Case No. 72 of 2025 registered for the
offence punishable under Sections 25(1-b)a and 26 of the Arms
Act and Section 317(5) of B.N.S.
3. The case of the prosecution, in short, is that police
had information that one Moti Kumar has kept stolen scooter.
When they reached the house of Moti Kumar, one man was
sitting on the scooter. He started fleeing seeing the police. He
could not be apprehended but the local chaukidar identified him
as Moti Kumar. The scooter was recovered and from the house,
arms were recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.86509 of 2025(2) dt.05-01-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. His name has surfaced in the confessional statement of
one co-accused Nana Patekar. It has also been submitted that
save and except the confessional statement of co-accused,
nothing is against the petitioner. No recovery has been made
from his possession. He is in judicial custody since 26.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having one criminal antecedent.
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
J.M.F.C., Sheikhpura in connection with Jairampur P.S. Case
No. 72 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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