Patna High Court
Chand Babu @ Md. Chand @ GuffoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the petitioner.
Summary
The petitioner, Chand Babu, applied for regular bail in a case (PS Case No. 76 of 2025) alleging his involvement in the brutal killing of an informant’s son, charged under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based on the confessional statements of co‑accused Md Ishararul Haque and Md Sajid, as well as a self‑inculpatory statement by the petitioner. The petitioner has been in custody since 1 December 2025. The Court examined the nature and gravity of the offences, the evidence linking the petitioner to the murder, and the statutory provisions governing bail. Considering the seriousness of the charges and the circumstances, the Court declined to grant regular bail. The order expressly states that its observations are prima facie and not a determination on the merits of the trial.
Issues considered
- Whether regular bail can be granted to the petitioner under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the nature and gravity of the alleged murder.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- regular bail
- murder
- Bharatiya Nyaya Sanhita
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22194 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- ANDHRATHARHI District- Madhubani
======================================================
Chand Babu @ Md. Chand @ Guffo S/o Lal Mohammad R/o vill- Giderganj
(Gidraganj), PO- Madna, Ward No 5, PS- Andharathadhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Andhara Thari (Andhrathadhi) P.S. Case No. 76 of 2025
registered for the offence under Sections 103(1), 238 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner and other
co-accused persons brutally killed the son of the informant.
4. The petitioner is in custody since 01.12.2025. The
name of the petitioner has come in the case on the basis of the
confessional statement of the co-accused Md. Ishararul Haque
and Md. Sajid @ Saju. During investigation, the petitioner in his
self-inculpatory statement has said that he along with others
have killed the deceased.
Patna High Court CR. MISC. No.22194 of 2026(2) dt.09-04-2026
2/2
5. Considering the aforesaid facts and circumstances,
the nature and the gravity of the offence, this Court is not
inclined to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…