Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58863 of 2025 Arising Out of PS. Case No.-147 Year-2025 Thana- KONCH District- Gaya ====================================================== 1.

Chandan Kumar S/O Umesh Yadav R/O Village- Parsawan, Tola- Rampur, P.S.- Konch, District- Gaya.

2.

Shyam Sundar Yadav S/O Prayag Yadav @ Kumbh Yadav @ Kambah Yadav R/O Village- Takra, P.S- Rafiganj, Dist.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-09-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 317(5), 338, 336(3) and 3(5) of the BNS, 2023.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that Dharmendra was apprehended with stolen motorcycle who disclosed that motorcycle belongs to Chandan and is used by Shyam Sundar and they handed over the motorcycle to him.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.58863 of 2025(2) dt.09-09-2025 2/3 petitioners have been falsely implicated in the instant case by the informant. It is next submitted that their name transpired based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is also reiterated and submitted that petitioners are persons with clean antecedent and they will not abscond rather will cooperate in the investigation to prove their innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Konch P.S. Case No. 147 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

7. One of the bailors of the petitioners shall be their respective fathers namely Umesh Yadav and Prayag Yadav @ Kumbh Yadav @ Kambah Yadav.

Patna High Court CR. MISC. No.58863 of 2025(2) dt.09-09-2025 3/3

8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioners despite giving assurance to this Court are not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioners.

9. Let a copy of this order be sent to the concerned police station through the learned Trial Court.

10. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T