Patna High Court
Chandeshwar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Chandeshwar Kumar applied for regular bail in a case registered under sections 103(1), 238 and 3(5) of the BNS, relating to the alleged murder of his informant's daughter. The prosecution alleged that the petitioner was involved in a conspiracy and had an illicit relationship with the deceased, with the investigation linking him through mobile CDR records and a charge‑sheet filed under section 108 of the BNSS. The petitioner contended that his name was absent from the FIR, he had no criminal antecedents, and he was merely in contact with the deceased until the night of her death. After hearing both sides, the court considered the lack of direct incriminating evidence and the petitioner’s clean record. The court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged under sections 103(1), 238 and 3(5) of the BNS.
- Whether the absence of the petitioner’s name in the FIR and lack of prior criminal record justify bail.
- Whether the evidence obtained from mobile CDR and the charge‑sheet under section 108 of the BNSS is sufficient to deny bail.
Legislation cited
Subjects
- regular bail
- criminal procedure
- section 103
- section 238
- section 3(5)
- section 108
- mobile CDR evidence
- no criminal antecedent
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22962 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- GHATHO District- Samastipur
======================================================
Chandeshwar Kumar S/O Late Gena Ray R/O Village- Suapakar, P.S.
Musarigharari, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1), 238
and 3(5) of BNS.
3. The case of the prosecution is that the informant
has married his daughter with one Neeraj Mishra thirteen years
ago. His son-in-law has died and his daughter has three female
children. On 03.11.2025, the second son-in-law of the informant
came to know that informant’s daughter has been murdered after
hatching a conspiracy.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
Patna High Court CR. MISC. No.22962 of 2026(2) dt.08-04-2026
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FIR, it is clear that the name of this petitioner is not there in the
FIR. His name has surfaced during investigation from the CDR
of the mobile of the deceased and the petitioner. He has further
submitted that learned trial has recorded that the deceased was
in contact with the petitioner till the night of 03.11.2025 before
her death. He has further submitted that the deceased was found
hanging from ceiling fan. It has also come during investigation
that the petitioner was having illicit relationship with the
deceased. Learned counsel has further submitted that in this
case, after investigation, police has submitted charge sheet
under Section 108 of BNSS. Moreover, the petitioner is
languishing in judicial custody since 18.12.2025 having no
criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Ghatho P.S. Case No. 119 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Patna High Court CR. MISC. No.22962 of 2026(2) dt.08-04-2026
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Magistrate-I, Dalsinghsarai, Samastipur.
(Ashok Kumar Pandey, J)
shubham/-
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