Patna High Court
Chandeshwar Rai @ Chandra Shakhar Rai @ Baba @ Pathak BabaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because only suspicion existed, no prima facie evidence was found, and the petitioner had been detained for an unreasonably long period.
Summary
The petitioner, Chandeshwar Rai, was charged under Sections 302 and 394 of the Indian Penal Code and Section 27 of the Arms Act for allegedly murdering the son of an informant during a robbery. He has been in custody since 21 October 2021. The petitioner's counsel argued that the only incriminating material was a confessional statement of a co-accused, Sanjay Kumar Paswan, who had already been granted bail, and that no direct evidence linked the petitioner to the crime. The State opposed bail, citing the petitioner’s criminal antecedent. The court held that, in the absence of prima facie evidence and given the petitioner’s prolonged pre‑trial detention of over four years, bail should be granted on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of BNSS.
Issues considered
- Whether bail can be granted when the only evidence against the accused is a co‑accused’s confessional statement.
- Whether prolonged pre‑trial detention of more than four years violates the right to a speedy trial and warrants bail.
- Whether the petitioner’s criminal antecedent justifies denial of bail.
Legislation cited
- Arms Act — s. 27
- BNSS — s. 480(3)
- Indian Penal Code — s. 302, 394
Subjects
- bail
- murder
- robbery
- confessional statement
- pre‑trial detention
- criminal antecedent
- Indian Penal Code
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83190 of 2025
Arising Out of PS. Case No.-526 Year-2021 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Chandeshwar Rai @ Chandra Shakhar Rai @ Baba @ Pathak Baba son of
sindeshwar Rai @ Abodh Pathak Resident of Village - Ratiya @ Radhiya, P. S
- Mahrajganj, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard the parties.
2. The petitioner seeks bail in connection
with Sadar P.S. Case No. 526 of 2021 registered for
the offence under Sections 302, 394 of the I.P.C.
and Section 27 of Arms Act.
3. The petitioner is named in the F.I.R. and
is in custody since 21.10.2021.
4. The allegation against the petitioner is
to commit murder of the son of the informant
alongwith other co-accused persons while
committing robbery.
5. Learned counsel appearing on behalf of
the petitioner submitted that petitioner was not
Patna High Court CR. MISC. No.83190 of 2025(2) dt.09-02-2026
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arrested at the place of occurrence and the person
who claimed to be present at the time of
occurrence has never joined TIP. It is submitted
that name of this petitioner transpired on the basis
of confessional statement of co-accused namely
Sanjay Kumar Paswan @ Sanjay Kumar who has
already granted bail by one of the learned co-
ordinate Bench of this Court through Cr. Misc. No.
25168 of 2022 dated 26.09.2022. It is submitted
that merely on the basis of suspicion arising out of
confessional statement, petitioner remains in
custody for more than 4 years and still this matter
is pending for examination of prosecution
witnesses.
6. Explaining criminal antecedent, it is
submitted that petitioner found involved in five
more criminal cases where he is on bail and in
maximum of cases his name transpired on the
basis of confessional statement as of the present
case. It is pointed out that criminal antecedent is
also one of the reason creating suspicions qua
involvement of petitioner with present crime in
Patna High Court CR. MISC. No.83190 of 2025(2) dt.09-02-2026
3/3
question.
7. Learned APP opposed the prayer of bail.
8. In view of aforesaid factual submission
and by taking note of fact as except suspicions
arising out of confessional statement of co-accused
nothing incriminating material surfaced during
investigation as to connect petitioner prima-facie
with present crime in question, coupled with fact
that petitioner remains in custody for more than 4
years in connection with present case i.e., since
21.10.2021, accordingly petitioner above named,
is directed to be released on bail in connection with
Sadar P.S. Case No. 526 of 2021 on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the
satisfaction of learned CJM, Vaishali at Hajipur
/concerned court, subject to the conditions as
mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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