Patna High Court
CHANDAN CHANDversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Chandan Chand, was arrested on 6 June 2025 in connection with a case involving alleged assault with electric shock that resulted in the victim's death, and is charged under multiple sections of the Indian Penal Code including murder and attempt to murder. He contended that he was falsely implicated, arguing that the informant was not an eyewitness and that the case was based merely on suspicion. The petitioner highlighted that co‑accused individuals in the same case had been granted anticipatory and regular bail by a coordinate bench of the same court. The prosecution opposed bail, citing the petitioner’s prior criminal antecedent, although he had been acquitted of that earlier case. Considering the similarity of the co‑accused’s bail orders and the lack of concrete evidence against the petitioner, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of his criminal antecedent. The bail order was issued without delay for verification purposes.
Issues considered
- Whether bail should be granted to an accused facing serious offences including murder and attempt to murder.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail.
- Whether the grant of bail to co‑accused in the same case mandates similar relief for the petitioner.
- Whether the informant’s testimony, lacking eyewitness status, is sufficient to sustain the charges.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 307, 324, 326, 34, 341, 342, 364
Subjects
- bail
- Indian Penal Code
- murder
- anticipatory bail
- criminal antecedent
- high court
- evidence tampering
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80660 of 2025
Arising Out of PS. Case No.-27 Year-2024 Thana- Chitragupta Nagar District- Khagaria
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Chandan Chand Son of Chhuthar Yadav @ Anil Yadav Resident of Village -
Aawas Board, Ward No.- 34, P.S.- Muffasil, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Singh, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr. Rahul Singh, learned counsel for the
petitioner and Md. Nazir Ansari, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.06.2025 in connection with Chitragupta Nagar P.S. Case
No. 27 of 2024, F.I.R. dated 24.05.2024 for the offences
punishable under Sections 341, 342, 324, 326, 307, 364, 302,
201, 120B/34 of the IPC.
3. According to prosecution case, this petitioner
along with other accused persons have brutally assaulted the
victim who is son of the informant and gave him electric
shock resulting into his death.
Patna High Court CR. MISC. No.80660 of 2025(3) dt.31-01-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. From perusal of the F.I.R it appears that the
informant is not the eye witness of the alleged occurrence and
he has filed the present case against the petitioner merely on
the basis of suspicion. He further submits that the informant
raised suspicion about the accused persons including the
petitioner. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
He further submits that similarly situated, co-accused, namely,
Vinay Verma @ Vinay Kumar Verma has been granted
anticipatory bail by a co-ordinate Bench of this Court vide
order dated 17.09.2024 passed in Cr. Misc. No. 61979 of 2024
and another co-accused, namely, Karelal Yadav has been
granted regular bail by a Co-ordinate Bench of this Court vide
order dated. The petitioner is in custody since 06.06.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on
the ground that petitioner carries one criminal antecedent
other than the present one but fairly submits that he was
acquitted by the learned Trial Court.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.80660 of 2025(3) dt.31-01-2026
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that the similarly situated co-accused persons have been
granted bail by a Co-ordinate Bench of this Court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned J.M-1 st
Class, Khagaria in connection with Chitragupta Nagar P.S.
Case No. 27 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the
court and shall remain physically present as directed by the
court and on his absence on two consecutive dates without
sufficient reason, his bail bond shall be cancelled by the
Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
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order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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