Patna High Court
Chandan Kumar @ SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to conditions.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail in a murder case (Sakra P.S. Case No. 368 of 2025) registered under Section 103(1) of the B.N.S. The informant alleged that Kumar killed his wife after accompanying her on a motorcycle, citing her death and injuries. Kumar contended that the wife fell accidentally, presenting witness statements and a post‑mortem report indicating only abrasions and bruises consistent with a fall. The State and the informant opposed bail, arguing strong suspicion against Kumar. After hearing both sides, the court ordered that Kumar be granted anticipatory bail, subject to a bail bond of Rs. 10,000 with two sureties, under Section 482(2) of the B.N.S.S., provided he surrenders within six weeks. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the murder allegations under Section 103(1) of the B.N.S.
- Whether the facts disclosed establish a prima facie case warranting denial of bail
Legislation cited
Subjects
- anticipatory bail
- murder
- Section 103
- Section 482
- bail bond
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17660 of 2026
Arising Out of PS. Case No.-368 Year-2025 Thana- SAKRA District- Muzaffarpur
======================================================
Chandan Kumar @ Sonu S/o- Ashesar Rai R/v- SAkra Faridpur, Ps- Sakra
Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
For the Informant/s : Mr. Raj Kishore Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. Pursuant to order dated 25.03.2026, learned APP
for the State has submitted the case diary today in the Court
itself.
3. The petitioner is apprehending his arrest in a case in
connection with Sakra P.S. Case No. 368 of 2025 dated
15.07.2025 registered for the offences punishable under Section
103(1) of the B.N.S.
4. As per the allegation, the wife of the informant on
the fateful day went with this petitioner on his motorcycle for
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the purpose of visiting her parental house. It is alleged that till
02:00 PM, the wife of the informant did not reach her parental
house. It is further alleged that at 02:00 PM, this petitioner
informed the informant on his mobile phone that his wife has
met with an accident. It is further alleged that when informant
again contacted this petitioner on mobile phone, he stated that
ECG test is being done. Thereafter, the mobile phone of the
petitioner and the wife of the informant were found to be
switched off. It is further alleged that when the informant
reached at SKMCH hospital, he identified his wife, wherein, the
doctor had declared her dead. The informant expressed full
belief that this petitioner has killed his wife.
5. Learned counsel for the petitioner has submitted
that petitioner was accompanying the wife of the informant to
her parental house and in the meantime, the wife of the
informant fell down from the motorcycle. The witnesses
examined during the course of investigation have stated this
fact. Moreover, the petitioner all way along was informing the
informant about the treatments meted out to the injured wife of
the informant. It has further been submitted that the post-
mortem report would go to suggest that the deceased has
received abrasion injury on right knee, multiple bruises over
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right hand and right shoulder, bruises over occipital region of
head and sub-scalp hematoma over the occipital region.
Referring to the said injuries, learned counsel for the petitioner
has submitted that all injuries are abrasions and bruises and the
injuries which have been sustained on knee, shoulder, hand and
head region appears to be due to accidental fall of the deceased
while sitting as a pillion rider. It has further been submitted that
there is no eye-witness to the alleged occurrence of murder and
the petitioner has got no criminal antecedent.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for
anticipatory bail of the petitioner. Learned counsel for the
informant has submitted that there is strong suspicion against
the petitioner as the petitioner was the person who was
accompanied with the informant’s wife.
7. Heard the parties and perused the record, let the
above named petitioner, in the event of his arrest/surrender
within a period of six weeks from today, be enlarged on
anticipatory bail on furnishing bail-bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of the learned court concerned, Muzaffarpur
in connection with Sakra P.S. Case No. 368 of 2025, subject to
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conditions as laid down under Section 482(2) of the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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