Patna High Court
Chandan Yadav @ Chandan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Chandan Yadav and Nitish Kumar, applied for regular bail in a case registered under section 309(6) of the BNS concerning the alleged killing of Santosh Yadav. The prosecution’s case was based on a phone tip and a video showing the victim’s hands tied, with missing e‑Rickshaw and mobile, while the investigation relied on a confessional statement of a co‑accused, Farhan, which named the petitioners. The petitioners argued they were falsely implicated, that the FIR was lodged against unknown miscreants, and that no incriminating material was found on them; they also highlighted that co‑accused had been granted bail in a similar case. The State opposed the bail. Considering the lack of direct evidence and the petitioners’ prolonged custody since 17‑10‑2025, the Court inclined to enlarge bail and ordered their release on a bail bond of Rs.10,000 with two sureties. The order directs the petitioners to be released on bail pending trial.
Issues considered
- Whether regular bail should be granted to the petitioners under section 309(6) of the BNS given the evidentiary material and circumstances of the case.
Legislation cited
- BNS — s. 309(6)
Subjects
- bail
- criminal procedure
- section 309(6) BNS
- false implication
- confessional statement
- co‑accused bail
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89254 of 2025
Arising Out of PS. Case No.-342 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
1. Chandan Yadav @ Chandan Kumar Yadav S/o Radheshayam Yadav R/o vill
- Majhariya, P.S.- Buxar (Ind.), Distt.- Buxar
2. Nitish Kumar S/o Brajesh Choudhary R/o vill - Golumber Buxar, P.s.- Buxar
(Ind.), Distt.- Buxar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr.Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr.Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
3. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 309
(6) of the BNS.
4. The case of the prosecution is that the informant
received a call on his mobile phone and was informed that
Santosh Yadav @ Guddu Yadav had been killed and thrown in
field. The informant reached the district hospital, Buxar and
from there he was referred to Varanashi for better treatment. A
video was seen in the morning in which it was observed that the
hands of the Santosh Yadave @ Guddu Yadav were tied and the
Patna High Court CR. MISC. No.89254 of 2025(3) dt.18-02-2026
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e-Rickshaw as well as a mobile phone were also missing.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in
connection with the present case. It is further submitted that the
FIR was lodged against unknown miscreants. During the course
of investigation co-accused, Farhan has given his confessional
statement and the name of these two petitioners were surfaced
on the basis of the said statement. It is further submitted that
from the order passed by the learned trial Court, it transpires
that the statement of injured Santosh Yadave @ Guddu Yadav
was recorded and from the said statement, it appears that he was
only assaulted by certain persons but did not name any persons.
It is further submitted that nothing incriminating articles have
been recovered from the conscious possession of these
petitioners. It is further submitted co-accused persons have
been granted bail by a Bench of this Court vide order dated
11.02.2026 passed in Cr. Misc. No. 88695 of 2025 and its
analogous case. Moreover, the petitioners are languishing in
judicial custody since 17.10.2025.
7. Learned APP appearing for the state has opposed
the prayer of regular bail.
8. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.89254 of 2025(3) dt.18-02-2026
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of the case, this court is inclined to enlarge the petitioners on
bail. The above named petitioners are directed to be released on
bail in connection with Buxar Muffasil P.S. Case No. 342 of
2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Buxar.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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