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Patna High CourtCR. MISC./25259/2026allowed

Chandan Kumar v. The State Of Bihar

2026-05-08Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25259 of 2026 Arising Out of PS. Case No.-1268 Year-2025 Thana- JAHANABAD District- Jehanabad ====================================================== Chandan Kumar S/O Dashrath Kumar R/O Maharajganj, P.S.- Sigori, DistrictPatna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishal Prasad, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Jehanabad P.S. Case No. 1268 of 2025 registered for the offence punishable under Sections 310(2), (5), (6) and 317(3) of the B.N.S., 2023.

3. The case of the prosecution, in short, is that the informant who is the driver-cum-owner of the truck was going with his truck loaded with scrap material. It is alleged that one white color four wheeler overtook the truck. He was being assaulted at gun point, his truck was being looted by unknown miscreants.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.25259 of 2026(2) dt.08-05-2026 2/3 committed no offence. He has been falsely implicated in this case. He also submits that the petitioner was remanded in the present case from Bhagwanganj P.S. Case No. 141 of 2025, wherein he has given his confessional statement. The name of the petitioner has surfaced during the course of such confessional statement. Learned counsel submits that, save and except the confessional statement, there is no material against the petitioner. It is further submitted that nothing has been recovered from the possession of the petitioner. Learned counsel further submits that the learned trial court, in paragraph 39 of its order, has recorded that the informant claims to have identified the petitioner, but such identification was made within the premises of the police station itself. No Test Identification Parade (TIP) has been conducted. Moreover, the petitioner is languishing in judicial custody since 10.12.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.25259 of 2026(2) dt.08-05-2026 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 1268 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T