Patna High Court
Chandra Shekhar Kumar AzadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that the petitioner is entitled to bail and ordered his release.
Summary
The petitioner, Chandra Shekhar Kumar Azad, was arrested in a loot case (Bypass P.S. Case No. 392 of 2025) under Section 309(4) of the B.N.S. after Rs. 40,000 was recovered from his house. He argued that the police failed to establish any link between the recovered money and the alleged loot, and that he has no prior criminal record. The State opposed bail but conceded the lack of evidentiary connection. Considering the petitioner’s clean antecedent, the completed investigation, and the prolonged custody since 3 August 2025, the Court found no justification to keep him detained. Consequently, the Court ordered his release on regular bail upon furnishing a bail bond of Rs. 20,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 309(4) of the B.N.S. given the absence of a proven link between the recovered money and the alleged loot
- Whether the petitioner’s clean antecedent and the completion of investigation justify granting bail
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- bail
- Section 309(4)
- loot case
- investigation
- clean antecedent
- police evidence
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86622 of 2025
Arising Out of PS. Case No.-392 Year-2025 Thana- BYPASS District- Patna
======================================================
Chandra Shekhar Kumar Azad Son of Shri Kamal Kishore Singh Resident of
Village - Marchi, P.S.- Byepass, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard Mr. Deepak Kumar Singh, learned counsel for
the Petitioner and Mr. Jitendra Kumar Singh, learned APP for the
State.
2. Petitioner seeks regular bail in connection with
Bypass P.S. Case No. 392 of 2025 dated 30.07.2025 registered for
the offence punishable under Section 309(4) of the B.N.S.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner has been made accused in the
alleged offence of loot mainly on account of the recovery of Rs.
40,000/- which is said to have been recovered from his house and
after the said recovery, the police has not taken any attempt to
establish the connection between the said recovered money and the
looted money, so merely on the ground of said recovery, the
petitioner is not liable to the commission of the alleged loot and he
Patna High Court CR. MISC. No.86622 of 2025(2) dt.12-01-2026
2/2
has been falsely roped in the alleged offence by the police and
petitioner bears no criminal antecedent, he has been languishing in
jail since 03.08.2025 and against him, the investigation has been
completed.
4. Though learned APP for the State has opposed the
prayer for bail of the petitioner but fairly accepts that the police
has not taken any attempt to establish the connection between the
money which is said to have been recovered from the house of this
petitioner and the money which is alleged to have been looted
from the possession of the informant.
5. Considering the above submissions, averments made
in this application, mainly petitioner's above defence coupled with
petitioner's custody period and completion of investigation as well
as his fair and clean antecedent, this Court is inclined to release
him on bail. Accordingly, let the petitioner named-above be
released on bail on furnishing bail bond of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court in connection with Bypass P.S.
Case No. 392 of 2025.
(Shailendra Singh, J)
maynaz/-
U T
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