Patna High Court
Chandan Kumar Yadav @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that bail may be granted subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Chandan Kumar Yadav and Kundan Kumar Yadav, were implicated in a FIR alleging theft of 100 letter pads and threats with firearms under multiple sections of the Bharatiya Nyaya Sanhita. They contended that the allegations were vague, that no specific overt act was attributed to them, and that they had no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The Court, after hearing counsel, granted bail on the condition that the petitioners surrender within six weeks, furnish a bail bond of Rs.10,000 each with two sureties, and comply with several conditions including regular court appearances and non‑interference with witnesses. The bail was ordered subject to Section 482(2) of the BNSS and the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita despite the serious nature of the allegations.
- Whether the allegations in the FIR constitute sufficient grounds to deny bail.
- Whether the petitioners' claim of innocence and lack of criminal antecedents warrant the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 305(A), 308(3), 308(4), 318(4), 329(3), 329(4), 3(5), 351(2), 482(2)
Subjects
- anticipatory bail
- bail conditions
- Bharatiya Nyaya Sanhita
- Section 482
- theft
- threat with firearm
- high court
- Siwan
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90149 of 2025
Arising Out of PS. Case No.-746 Year-2024 Thana- SIWAN CITY District- Siwan
======================================================
1. Chandan Kumar Yadav @ Chandan Kumar S/o Late Babu Ram Yadav @
Babu Lal Yadav R/o Village- Kandhavara, P.S.- Siwan Mufassil, District-
Siwan
2. Kundan Kumar Yadav @ Kundan Kant S/o Late Babu Ram Yadav @ Babu
Lal Yadav R/o Village- Kandhavara, P.S.- Siwan Mufassil, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. Learned counsel for the petitioners is permitted
to make necessary corrections in the bail application during the
course of the day.
3. The petitioners are apprehending their arrest in
connection with Town P.S. Case No.746 of 2024 dated
08.12.2024 registered for the offence punishable under Sections
126(2), 329(3), 318(4), 329(4), 305(A), 308(3), 115(2), 351(2),
308(4), 3(5) of the Bharatiya Nyaya Sanhita.
4. As per the FIR, the accused persons forcibly
tried to open the lock and took 100 pieces of letter pad,
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including signed letter pad for misusing them.
5. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. He further submits that the allegations are general
and omnibus in nature, and no specific overt act has been
attributed to the petitioners. It is further submitted that the
informant, who is the Chairperson of Nagar Parishad, Siwan,
has alleged that the petitioners and others had taken her letter
pads; however, she has not disclosed the manner in which the
said letter pads were misused by the petitioners. It is also
submitted that the allegation regarding the use of firearms to
threaten the informant and her husband has been made against
unknown persons. The petitioners undertake that, if in the near
future they are found to have indulged in similar acts and such
allegations are found to be true upon examination, the police
shall be at liberty to take appropriate steps for cancellation of
their bail, in the event the privilege of anticipatory bail is
extended to them. Lastly, it is submitted that the petitioners
have no criminal antecedents.
6. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
7. Considering the facts and circumstances of the
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case, let the above named petitioners, be released on bail, in the
event of their arrest or surrender before the learned Court
below within a period of six weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate, Siwan/Successor
Court in connection with Town P.S. Case No.746 of 2024,
subject to the conditions as laid down under Section 482(2) of
the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/ known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
similar criminal offence again, failing which the State/ police
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officials shall be at liberty to take steps for cancellation of their
bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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