Chandan Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22272 of 2025 Arising Out of PS. Case No.-232 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== Chandan Sao Son of Gopal Prasad Resident of Mohalla - Station Road Barh, Jamunichak, New Bishwkarma Mandir, P.S.- Barh, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Harnaut P.S. Case No. 232 of 2024, instituted for the offences punishable under Sections 379 and 328 of the Indian Penal Code.
3. The prosecution case, in short, is that, the informant was administered an intoxicating substance through cold drink due to which he became unconscious and in the meantime, his mobile phone and e-rickshaw was looted.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.22272 of 2025(3) dt.23-07-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of selfconfession made before the police in Rahui P.S. Case No. 455 of 2024 and the same has got no evidentiary value. It is further submitted that neither any recovery of any looted article has been made from the possession of the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 04.10.2024 and has got seven criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 19727 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.22272 of 2025(3) dt.23-07-2025 3/3
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harnaut P.S. Case No. 232 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T