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Patna High Court

Chandan Ray @ Chandan Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner.

Summary

The petitioner, Chandan Ray, sought bail fearing arrest in a criminal case (Sarairanjan P.S. Case No.167 of 2025) filed under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, alleging his involvement in a homicide. The prosecution’s case is based on a confessional statement of co‑accused Rahul Kumar, while the petitioner contends he was falsely implicated and that the FIR was originally lodged against unknown persons. Investigation revealed that the deceased had consumed drugs and died as a result, casting doubt on the murder allegation. The learned counsel argued that the evidence was insufficient to justify continued detention. The Court, applying Section 438(2) of the Code of Criminal Procedure, 1973, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties, subject to conditions and without expressing any opinion on the merits of the trial. The order is limited to the bail matter and does not prejudice future proceedings.

Issues considered

  • Whether bail should be granted to the petitioner under Section 438(2) of the CrPC in a case instituted under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, considering the alleged false implication and the nature of the evidence.
  • Whether the confessional statement of a co‑accused is sufficient ground for arrest and denial of bail.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Bharatiya Nyaya Sanhita
  • false implication
  • confessional statement
  • drug‑related death
  • Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28527 of 2026
                  Arising Out of PS. Case No.-167 Year-2025 Thana- SARAI RANJAN District- Samastipur
                 ======================================================
                 Chandan Ray @ Chandan Kumar Ray S/O Surendra Ray R/O Ward No. 13,
                 Village- Gaupur, Bhagwatpur, P.S- Sarai Ranjan, Distt.- Samastipur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Kundan Kumar, Advocate
                 For the State           :        Mr.Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                The petitioner apprehends arrest in connection with

                   Sarairanjan P.S. Case No.167 of 2025 instituted under Sections

                   103(1), 238 of the Bharatiya Nyaya Sanhita.

                                3. As per the prosecution case, the petitioner and

                   others are said to have killed the deceased.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The FIR is registered against unknown persons and the

                   name of the petitioner has come on the basis of the

                   confessional statement of the co-accused Rahul Kumar.

                                5. During investigation, it has come that the deceased

                   had taken drugs and because of which, he passed away.
           Patna High Court CR. MISC. No.28527 of 2026(2) dt.07-05-2026
                                                       2/2




                                  6. Considering the aforesaid facts, this bail

                     application is allowed.

                                  7. Accordingly, in the event of arrest or surrender

                     before the Court below within six weeks from today, the

                     petitioner, above named, be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, Samastipur District- Samastipur/ concerned Court in

                     connection with Sarai Ranjan P.S. Case No. 167 of 2025, subject

                     to the conditions laid down in Section 482 of the BNSS/ 438(2)

                     of the Code of Criminal Procedure, 1973.

                                  8. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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