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Patna High Court

Chandra Shekhar Kumar AzadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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