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Patna High Court

Chandeshwari DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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