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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Chandan Kumar was arrested on 8 October 2025 in connection with a 2023 FIR alleging murder under Sections 302 and 34 of the IPC. The prosecution alleged that co‑accused Kanchan Devi and Nunudai Devi killed the victim, while the petitioner claimed he was falsely implicated and that the death was a suicide. He asserted a clean criminal record and pointed out that a co‑accused, Kanchan Devi, had previously been granted bail. The Additional Public Prosecutor opposed bail, but the court noted the petitioner’s clean antecedent, the bail granted to the co‑accused, and that the charge sheet was filed under Section 306 IPC. Consequently, the court ordered his release on bail of Rs 10,000 with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to an accused of murder under Sections 302/34 IPC given the circumstances of the case.
  • Whether the grant of bail to a co‑accused and the petitioner’s clean antecedent justify bail.
  • Whether the filing of a charge sheet under Section 306 IPC affects the bail decision.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • clean antecedent
  • charge sheet
  • co‑accused
  • suicide
  • Section 306
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16275 of 2026
                     Arising Out of PS. Case No.-273 Year-2023 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Chandan Kumar S/O Lakhan Sah Resident of Village- Sonbarsa Ghat, P.S-
                 Chautham, District- Khagaria.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar Singh, Advocate
                 For the Opposite Party/s :       Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   03-04-2026                   Heard Mr. Santosh Kumar Singh, learned counsel for

                   the petitioner and Dr. Ajeet Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   08.10.2025 in connection with Chautham P.S. Case No. 273 of

                   2023, F.I.R. dated 03.09.2023 for the offences punishable under

                   Sections 302/34 of the IPC.

                               3.     According to prosecution case, the informant

                   suspect that co-accused Kanchan Devi and Nunudai Devi have

                   killed his daughter-in-law and hanged her body.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   FIR is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.16275 of 2026(3) dt.03-04-2026
                                            2/3




          any offence as alleged in the FIR. In fact, the deceased has

          committed suicide herself. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner. He further submits that similarly situated, co-accused,

          namely, Kanchan Devi has been granted bail by this Court vide

          order dated 05.02.2025 passed in Cr. Misc. No. 88 of 2025. The

          petitioner is in custody since 08.10.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, co-accused person has

          been granted bail by this Court and police have submitted

          charge sheet under Section 306 of the IPC, let the petitioner,

          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 the learned Judicial Magistrate 1 st

          Class, Khagaria in connection with Chautham P.S. Case No. 273

          of 2023, subject to the following conditions:-

                       i. Petitioner 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
            Patna High Court CR. MISC. No.16275 of 2026(3) dt.03-04-2026
                                                        3/3




                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner 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 petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. 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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