Patna High Court
Chandan Kumar @ Chandan Kr.versusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to bail as the informant is not an eye‑witness and the prosecution evidence is insufficient, invoking the discretion under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Chandan Kumar, sought bail after an FIR was lodged alleging his involvement in the murder of an informant's son under Sections 103(1), 61(2), 3(5) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act. The informant, who was not an eye‑witness, claimed that co‑accused Jilajit Kumar abducted his son to a poultry farm where the killing occurred. The petitioner argued that the FIR does not disclose how he was present at the scene and that the prosecution lacks direct evidence against him. The State opposed the bail, but the Court noted the lack of eye‑witness testimony and the insufficiency of material evidence. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR alleging offences under the Bhartiya Nyaya Sanhita and the Arms Act
- Whether the lack of eye‑witness testimony and evidentiary insufficiency justify granting bail
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- murder
- arms act
- evidentiary insufficiency
- Section 482
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1967 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- ISLAMPUR District- Nalanda
======================================================
Chandan Kumar @ Chandan Kr. S/o Nakul Prasad @ Nakul Yadav R/o
Village - Gopalganj, P.S - Islampur, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences under Sections 103(1), 61(2), 3(5) of
the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act.
3. The informant has alleged that on 04.04.2025 at
about 4 PM, co-accused Jilajit Kumar came to his house and
took away his son on his motorcycle to a poultry farm, where
other F.I.R. named accused persons were already present and
thereafter, they shot dead son of informant.
4. Learned counsel for the petitioner submits that
from perusal of F.I.R., it is apparent that informant is not eye-
witness to the alleged occurrence and has not disclosed as to
how he came to know that this petitioner & other F.I.R. named
co-accused were present at the poultry farm, where son of
Patna High Court CR. MISC. No.1967 of 2026(2) dt.24-02-2026
2/2
informant was killed. Co-accused Jilajit Kumar has been
granted regular bail by this Court, vide order dated 12.02.2026
passed in Cr.Misc. No. 90695 of 2025.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case, let the
petitioner, above named, be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. - I, Hilsa,
Nalanda at Biharsharif in connection with Islampur P.S. Case
No. 173 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Anay
U T
Checking your session…