Chandan Kumar @ Chandan Kumar Yadav @ Chandan Yadav @ Chandu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60154 of 2025 Arising Out of PS. Case No.-381 Year-2022 Thana- AMARPUR District- Banka ====================================================== Chandan Kumar @ Chandan Kumar Yadav @ Chandan Yadav @ Chandu Yadav S/o Ramde Yadav @ Ramdev Yadav R/o Village- Bari Jankipur, P.S.- Amarpur, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Amarpur P.S. Case No. 381 of 2022, instituted for the offences punishable under Section 392 of the Indian Penal Code.
3. The prosecution case, in short, is that four unknown miscreants have assaulted the informant and on gun point took away Rs. 1000/-, his motorcycle, mobile phone, ATM card, etc. and fled away from the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.60154 of 2025(2) dt.03-09-2025 2/3 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 confessional statement made by co-accused, namely, Rishi Raj Sharma and the same has got no evidentiary value. It is further submitted that neither any recovery of looted article has been made from the possession of the petitioner nor any T.I. parade has been conducted in this case. The allegation levelled against the petitioner is not specific rather the same is general and omnibus in nature. The petitioner is in custody since 14.02.2025 and has got ten criminal antecedents. 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 03.01.2025 passed in Cr. Misc. No. 76569 of 2024.
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.
7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.60154 of 2025(2) dt.03-09-2025 3/3 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur P.S. Case No. 381 of 2022, 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