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Patna High Court

Chandan Kumar @ SonuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.17660 of 2026(3) dt.29-04-2026
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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
Patna High Court CR. MISC. No.17660 of 2026(3) dt.29-04-2026
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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
           Patna High Court CR. MISC. No.17660 of 2026(3) dt.29-04-2026
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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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