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Patna High Court

Chandu Kumar @ Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner under Section 438(2) of the CrPC, subject to specified conditions.

Summary

The petitioner, Chandu Kumar, was implicated in a theft case (Samastipur Rail P.S. Case No. 172 of 2024) based on statements of co-accused persons arrested earlier. He contended that the FIR was fabricated, he has no prior criminal record, and no material other than the co-accused disclosures links him to the crime. The prosecution opposed his bail, arguing the seriousness of the offences under Sections 303(2), 304 and 3(5) of the BNS, 2023. The court noted the petitioner’s clean antecedent and the reliance solely on co-accused testimony, and applied Section 438(2) of the CrPC to grant bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was conditioned on the petitioner’s appearance in court and allowed for cancellation if conditions are breached.

Issues considered

  • Whether bail should be granted to the petitioner when the only evidence against him is the testimony of co‑accused persons.
  • Whether the petitioner’s clean criminal antecedent warrants bail despite the seriousness of the alleged offences.
  • Whether the provisions of Section 438(2) of the Criminal Procedure Code are applicable in this case.

Legislation cited

Subjects

  • bail
  • Section 438
  • Criminal Procedure Code
  • false FIR
  • co‑accused testimony
  • clean antecedent
  • theft

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86626 of 2025
                     Arising Out of PS. Case No.-172 Year-2024 Thana- SAMSTIPUR RAIL P.S District-
                                                        Samastipur
                 ======================================================
                 Chandu Kumar @ Chandan Kumar S/o Singham Choudhary @ Sujit Sahni
                 Resident of - Cinema Holl Chowk, Bahadurpur, Ward No. 21, P.S -
                 Samastipur (Town), District - Samastipur
                                                                     ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Surya Narayan Roy, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                      Heard Mr. Surya Narayan Roy, learned counsel for

                   the petitioner and Mr. Madan Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Samastipur Rail P.S. Case No. 172 of 2024,

                   F.I.R. dated 17.07.2024 for the offences punishable under

                   Sections 303(2), 304 and 3(5) of the BNS, 2023.

                               3.     According to prosecution case, four persons

                   snatched the bag of the informant from the railway station.

                   However, Nitesh Kumar was apprehended and he disclosed the

                   name of the other three persons including this petitioner.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.86626 of 2025(2) dt.08-01-2026
                                            2/3




          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. He further submits that the

          name of the petitioner has been transpired on the basis of the

          disclosure made by the apprehended co-accused, namely, Nitesh

          Kumar, Amarjeet Kumar and Prince Kumar. He further submits

          that the petitioner has no role at all in the present occurrence and

          except the disclosure made by the apprehended co-accused

          persons, no other material has come during investigation which

          suggest the involvement of the petitioner in the present

          occurrence.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and the name of the

          petitioner has been transpired on the basis of the disclosure

          made by the apprehended co-accused persons, let the petitioner,

          above named, in the event of his arrest or surrender before the

          court below within a period of thirty days from the date of

          receipt of the order, 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 A.C.J.M.

          (Railway), Samastipur in connection with Samastipur Rail P.S.
            Patna High Court CR. MISC. No.86626 of 2025(2) dt.08-01-2026
                                                        3/3




                      Case No. 172 of 2024, subject to the conditions as laid down

                      under Section 438(2) of the Code of Criminal Procedure and

                      with other following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the 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.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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