Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, finding no material directly implicating him in the murder and noting the bail granted to similarly situated co‑accused.
Summary
The petitioner, Chandan Kumar, applied for anticipatory bail in a case involving alleged participation in the removal of a dead body after a dowry‑related death. He was not named in the FIR, and the prosecution’s material did not directly link him to the murder, only to the act of taking away the body. The petitioner argued that similar co‑accused had already been granted anticipatory or regular bail in related matters. The State contended that his involvement in moving the corpse warranted denial of bail. Considering the lack of incriminating evidence against him and the precedent of bail granted to co‑accused, the Court inclined to grant anticipatory bail under Section 438(2) of the CrPC. Consequently, the application was allowed, subject to a bail bond and sureties.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC despite alleged involvement in removing the dead body.
- Whether the act of taking away the dead body constitutes a cognizable offence sufficient to deny bail.
- Whether the grant of anticipatory bail to co‑accused influences the decision on the petitioner's bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 201, 302, 34
Subjects
- anticipatory bail
- Section 438
- dowry death
- murder
- IPC 302
- IPC 201
- IPC 34
- bail jurisprudence
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41783 of 2025
Arising Out of PS. Case No.-182 Year-2024 Thana- PAKARIBARAW District- Nawada
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Chandan Kumar S/o- Sikandra Singh Village- Mohabbatpur P.s- Shekhopur
Sarai District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shilpi Keshri
For the State : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 21-01-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Pakribarawan Police Station Case No. 182 of 2024,
dated 20.04.2024, disclosing offences under Sections
302/201/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report,
is that the daughter of the informant was married with co-
accused Dilkhush Kumar. The co-accused persons, named
in the First Information Report, used to physically and
mentally torture the informant’s daughter due non-
fulfillment of demand of dowry. On 20.04.2024, the
informant got information that her daughter was killed
and her dead body was concealed.
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4. Ms. Shilpi Keshri, learned counsel for the petitioner,
argued that the petitioner is not named in the First
Information Report and his name has transpired during
course of investigation on the basis of materials that the
petitioner, along with co-accused Gautam Kumar, arrived
on a Scorpio vehicle and took away the dead body of the
informant’s daughter. There is no material to show that
the petitioner was responsible for killing of the deceased.
The investigation has further revealed that daughter of the
informant has committed suicide and various other co-
accused persons have been granted anticipatory bail
and/or regular bail by this Court in Cr. Misc. No. 45267
of 2024, Cr. Misc. No. 60237 of 2024, Cr. Misc. No.
49017 of 2024 and Cr. Misc. No. 32045 of 2025 (annexed
at Annexure-P/2 series). It has further been argued that
anticipatory bail application of the petitioner was moved
before learned Sessions Court along with bail application
of the co-accused Gautam Kumar having ABP No. 3224
of 2024 and the same was rejected by learned District and
Additional Sessions Judge II, Nawada, vide his order,
dated 23.04.2025. She further submits that co-accused
Gautam Kumar approached this Court for grant of
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anticipatory bail in Cr. Misc. No. 32045 of 2025, which
was allowed by a Co-ordinate Bench of this Court vide
order, dated 20.05.2025.
5. On the other hand, learned counsel for the State argued
that from perusal of the impugned order, it appears that
the petitioner was responsible in taking away the dead
body of informant’s daughter on his car, as such, this
Court may reject the anticipatory bail of the petitioner.
6. Regards being had to the submissions made on behalf of
the parties and taking into consideration the materials
available on record and the fact that similarly situated co-
accused Gautam Kumar has been granted anticipatory
bail by a Co-ordinate Bench of this Court, I am inclined
to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned Additional District
Judge V, Nawada, in connection with Pakribarawan
Police Station Case No. 182 of 2024, subject to the
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condition laid down under Section 438 (2) of the Code of
Criminal Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
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