Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 302, 306, 34
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
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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
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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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