Patna High Court
Chandan SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The High Court set aside the lower court’s refusal of bail and allowed the appellant’s regular bail with conditions.
Summary
The appellant, Chandan Singh, was charged with murder under Sections 103(1) and 238 of the Bihar Narcotic Substances Act, 2023 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The trial court refused regular bail, citing alleged possession of blood‑stained clothes, a temple priest’s testimony, and a confessional statement. The appellant argued that the FIR was based solely on suspicion, no eyewitness evidence existed, and the investigation had not progressed, with the trial court yet to examine any of the ten charge‑sheet witnesses. The High Court noted the prolonged pre‑trial custody since December 2024, the lack of prosecution evidence, and the delay in trial, and therefore granted bail with strict conditions, setting aside the lower court’s order. The appeal was allowed, and the appellant was released on bail pending trial.
Issues considered
- Whether the appellant is entitled to regular bail under Section 14(A)(2) despite the seriousness of the offences charged.
- Whether the delay in trial and the absence of examined prosecution witnesses justify granting bail.
- Whether the appellant's criminal antecedent and the nature of the allegations under the SC/ST Act affect bail eligibility.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 238
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- bail
- criminal procedure
- murder
- SC/ST Act
- pre‑trial detention
- delay in trial
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1850 of 2025
Arising Out of PS. Case No.-343 Year-2024 Thana- BARARI District- Katihar
======================================================
Chandan Singh Son of Ram Jatan Singh R/o Durgapur Kushwaha Tola, P.S.-
Barari, Dist.- Katihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Bimala Devi wife of Hira Lal Rajak Village- Semapur Bazar, ps- Barari,
Dist- katihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, SPP
For the Respondent No.2: Mr. Akash Raj, Advocate
Ms. Nikita Mittal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
9 14-05-2026 Heard Mr. Ajay Kumar, learned counsel for the
appellant, Mr. Akash Raj, learned counsel appearing on behalf
of the Respondent No. 2 as well as Ms. Usha Kumari 1,
learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated
25.02.2025 passed by the learned Court of District &
Additional Sessions Judge-I-cum-Special Judge SC/ST-cum-
Children Court, Katihar in connection with Barari P.S. Case
No. 343 of 2024, F.I.R. dated 05.12.2024 registered under
Patna High Court CR. APP (SJ) No.1850 of 2025(9) dt.14-05-2026
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Sections 103(1) and 238 of the BNS, 2023 and Sections 3 (2)
(v) of the Scheduled Castes and Scheduled Tribes Act
(Prevention of Atrocities) Act.
3. According to the prosecution case, the
Respondent No. 2 suspects that her daughter has been killed
by this appellant.
4. Learned counsel for the appellant submits that
appellant is innocent and he has falsely been implicated in the
present case. He further submits that the it appears from the
FIR that the informant is not the eye witness of the alleged
occurrence and even no one has seen the occurrence and the
appellant has been made accused in the present case merely
on the basis of suspicion and except the suspicion, nothing
has come during investigation which suggest the involvement
of the appellant in the present occurrence. The charge has
been framed on 3.7.2025 and the police, after investigation,
submitted charge sheet against the appellant. The appellant is
in custody since 05.12.2024 and the trial is not in progress.
5. Learned counsel appearing on behalf of the
Respondent No. 2 as well as learned Special Public
Prosecutor for the State have vehemently opposed the prayer
for bail of the appellant and submits that it has come during
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investigation in paragraph nos. 19, 21, 23 and 46 of the case
diary that the appellant was apprehended with blood stained
clothes and apart from that the Pujari of the temple has stated
that he has saw the appellant at the place of occurrence. They
further submits that on the basis of confessional statement of
the appellant, the arm (knife) which was used in the present
crime in question has been recovered. Apart from that the
appellant carries one criminal antecedent other than the
present one but fairly submits that he is on bail in the pending
matter.
6. Vide order dated 01.04.2026 a report was called
with regard to the stage of the trial. Report of the learned Trial
Court dated 25.04.2026 reveals that there are 10 charge sheet
witnesses in the charge sheet and despite B.W. and N.B.W.,
the prosecution has not examined any witnesses as yet and the
case is pending for the examination of the prosecution
witnesses.
7. Learned counsel for the appellant submits that in
view of the report of the learned Trial Court, the trial is not
likely to be concluded in the near future and the appellant is in
custody since 05.12.2024.
8. Considering the aforesaid facts and circumstances
Patna High Court CR. APP (SJ) No.1850 of 2025(9) dt.14-05-2026
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of the case, report of the learned Trial Court as well as period
of custody, let the appellant, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Court of District & Additional Sessions Judge-I-cum-
Special Judge SC/ST-cum-Children Court, Katihar in
connection with Barari P.S. Case No. 343 of 2024, with other
following conditions:-
i. Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court
and on his absence on two consecutive dates without
sufficient reason, his bail bond shall be cancelled by the Court
below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at
any stage it is found that the appellant have concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellant. However, the
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acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Vanisha/-
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