Patna High Court
Chandan Kumar @ Chandan ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail may be granted to the petitioners, subject to surrender within eight weeks and compliance with the bond and surety conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioners, Chandan Kumar and Munna Manjhi, sought bail after being implicated in a murder case under Sections 103(i) and 3(5) of the Bhartiya Nyaya Sanhita, alleged to have caused the death of the informant's sister by wrapping a dupatta around her neck. They argued that the informant was not an eyewitness, the FIR was filed three days after the incident, and no witness had identified them, asserting their innocence and clean antecedents. The State opposed the bail, contending the seriousness of the offence. The Court examined the delay in filing the FIR, the lack of direct evidence, and the statutory provisions governing bail. It ordered that bail be granted if the petitioners surrender within eight weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to accused persons in a murder case under Sections 103(i) and 3(5) of the Bhartiya Nyaya Sanhita.
- Whether the three‑day delay in filing the FIR and the absence of an eyewitness affect the grant of bail.
- Whether the informant’s uncorroborated allegation is sufficient to deny bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 103(i), 3(5)
Subjects
- bail
- murder
- FIR delay
- eyewitness testimony
- Indian criminal procedure
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79622 of 2025
Arising Out of PS. Case No.-454 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
1. Chandan Kumar @ Chandan Manjhi S/O Majister Manjhi R/O Village-
Basaon Takht Tola, P.S-Basantpur District Siwan
2. Munna Manjhi@ Muna Manjhi S/O Mukhiya Manjhi R/O Village-Basaon
Takht Tola, P.S-Basantpur District Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr.Manoj Kumar Pandey
For the State : Mr.Damodar Prasad Tiwary
For the Informant : Mr.Salaj Kumar Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 103(i), 3(5) of the
Bhartiya Nyaya Sanhita.
3. Allegation against petitioners is that on 28.07.2025
at about 3 PM, they wrapped Dupatta around the neck of sister of
informant with a tree, as a result of which, she died.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have been falsely implicated in
this case. As a matter of fact, informant and petitioners are co-
villagers and admittedly, sister of informant had gone in the field
Patna High Court CR. MISC. No.79622 of 2025(3) dt.13-01-2026
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to do work along with these petitioners, as labourer. As per
F.I.R., the alleged date of occurrence is 28.07.2025, but F.I.R.
has been lodged on 01.08.2025 i.e. after a delay of three days
and there is plausible explanation of delay. From perusal of the
F.I.R., it is apparent that informant is not an eye-witness to the
occurrence and informant has not disclosed the source of
information as to how he came to know about involvement of
these petitioners in the alleged occurrence. During investigation,
none of the witness has claimed to have seen these petitioners
committing the alleged offence. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of informant vehemently opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate – I,
Siwan / concerned Court in connection with Basantpur P.S. Case
No. 454 of 2025, subject to condition as laid down under Section
Patna High Court CR. MISC. No.79622 of 2025(3) dt.13-01-2026
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482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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