Patna High Court
Chandeshwari DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted regular bail to the petitioners subject to specified conditions.
Summary
The petitioners, three brothers, were arrested on 24‑12‑2025 in connection with a murder case (PS Case No. 333 of 2025) under Sections 103(1) and 3(5) of the BNS, 2023. They applied for regular bail, claiming a clean antecedent and that the informant was not an eye‑witness, merely a suspect. The prosecution opposed the bail, but the court noted that similarly situated co‑accused had already been granted bail by a coordinate bench. Considering the lack of direct evidence, the petitioners' clean record, and the precedent, the court ordered bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed verification of criminal antecedent but prohibited delay in granting bail.
Issues considered
- Whether the petitioners are entitled to regular bail despite being accused of murder under Sections 103(1) and 3(5) of the BNS, 2023.
- Whether the informant’s status as a non‑eye‑witness and the petitioners’ clean antecedent justify bail.
- Whether the grant of bail to co‑accused in similar cases is a relevant factor.
Legislation cited
- BNS, 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- criminal antecedent
- suspicion
- co‑accused
- conditions of bail
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16133 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
1. Chandeshwari Das Son of Late Prem Lal Das R/o Village - Rajni Ward No.
15, P.S.-Murliganj, District - Madhepura.
2. Umesh Das Son of Late Prem Lal Das R/o Village - Rajni Ward No. 15, P.S.
- Murliganj, District - Madhepura.
3. Ram Chandra Das @ Ram Chandar Das Son of Late Prem Lal Das R/o
Village - Rajni Ward No. 15, P.S. - Murliganj, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Mr. Pawan Kumar, learned counsel for the
petitioners and Mr. Syed Mojibur Rahman, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
24.12.2025 in connection with Murliganj P.S. Case No. 333 of
2025, F.I.R. dated 05.07.2025 for the offences punishable under
Sections 103(1) and 3(5) of the BNS, 2023.
3. According to prosecution case, informant suspects
that these petitioners along with other accused persons murdered
her father.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. It appears from the F.I.R that the
Patna High Court CR. MISC. No.16133 of 2026(2) dt.12-03-2026
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informant is not the eye witness of the alleged occurrence and
merely on the basis of suspicion the petitioners have been made
accused in the present case. He further submits that the
petitioners and the deceased's family were agnate to each other
and one Title Suit No. 14 nof 2019 is pending between them.
He further submits that similarly situated, co-accused, namely,
Indal Kumar @ Indra Kishore Kumar and Satyanarayan Das
have been granted regular bail by a co-ordinate Bench of this
Court vide order dated 11.02.2026 passed in Cr. Misc. No.
82633 of 2025 and Cr. Misc. No. 85302 of 2025 respectively.
The petitioners are in custody since 24.12.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, informant is not the
eye witness of the alleged occurrence, on the basis of suspicion
the petitioners have been made accused and similarly situated
co-accused persons have been granted regular bail by a Co-
ordinate Bench of this Court, let the petitioners, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Madhepura
Patna High Court CR. MISC. No.16133 of 2026(2) dt.12-03-2026
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in connection with Murliganj P.S. Case No. 333 of 2025, subject
to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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