Created by Fuzzy Cloud

Patna High Court

Chandan Kumar @ Murli KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.