Patna High Court
Chandan Kumar @ Murli KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Chandan Kumar, was implicated in a FIR alleging his involvement in the murder of Neeti Kumari, the sister of an informant, under Sections 103, 238 and 3(5) of the B.N.S. The prosecution’s case relied on circumstantial statements that the petitioner had purchased a mobile phone for the victim and alleged his participation in the killing, but no eyewitness testimony placed him at the scene. The petitioner contended that he was innocent, had no motive, and possessed a clean criminal record, arguing that the FIR contained only suspicion. The State opposed the petition for anticipatory bail, asserting the seriousness of the accusations. The Court, after considering the lack of direct evidence, the general nature of the accusations, and the petitioner’s clean antecedents, granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under Sections 103, 238 and 3(5) of the B.N.S.
- Whether the absence of eyewitness evidence and the petitioner’s clean antecedents justify the grant of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- murder
- FIR
- clean antecedents
- Section 482
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81586 of 2025
Arising Out of PS. Case No.-180 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Chandan Kumar @ Murli Kumar S/O Dilip Kumar Yadav Resident of village
- Santpur,P.S- Muffasil, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Abhishek Kumar, Advocate
For the State : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 103, 238
and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that on 03.05.2025
at about 5 AM, minor sister of informant, namely Neeti Kumari,
went to attend her coaching classes but did not return. During
search, informant spoke with a friend of his sister, namely
Nandini Kumari, who disclosed that this petitioner had
purchased a mobile phone for Neeti Kumari. Thereafter, on
04.05.2025 at about 4:30 AM, informant learnt about the demise
of his missing sister and her dead body was recovered from
Lalbegiya river. Informant believes that this petitioner, along
Patna High Court CR. MISC. No.81586 of 2025(3) dt.15-01-2026
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with other unknown persons, killed his sister.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that informant is not an eye witness to the occurrence
and only suspicion has been raised against this petitioner. Even
as per F.I.R., this petitioner was in lover affair with the deceased
and no motive has been assigned against this petitioner as to
why he would commit the alleged offence. During course of
investigation, no one has claimed to have seen this petitioner in
the company of the deceased or committing the alleged offence.
Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.81586 of 2025(3) dt.15-01-2026
3/3
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate-1st Class,
Sikarhna at Dhaka, East Champaran in connection with Chiraiya
P.S. Case No. 180 of 2025, subject to condition as laid down
under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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