Chandan Kumar Yadav @ Chandan Kumar v. The State of Bihar
CR. MISC./90149/2025 · 2026-02-23
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2671 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2671 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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,
Patna High Court CR. MISC. No.90149 of 2025(3) dt.23-02-2026 2/4 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
Patna High Court CR. MISC. No.90149 of 2025(3) dt.23-02-2026 3/4 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
Patna High Court CR. MISC. No.90149 of 2025(3) dt.23-02-2026 4/4 officials shall be at liberty to take steps for cancellation of their bail bonds. shikha/- (Ajit Kumar, J) U T