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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail applications and refused to grant regular bail to the petitioners.

Summary

The petitioners, Chandan Kumar and Sanjay Singh, were charged under sections 103 and 238 of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1‑b)a and 26 of the Arms Act for the murder of an unknown victim. They had given self‑inculpatory statements, and forensic evidence (spanner, knife, black towel) and CDR data linked them to the crime scene. Both have prior criminal antecedents and have been in custody since 12‑Nov‑2024. Their earlier bail applications were rejected on 9‑May‑2025, and a second bail petition was filed while the trial was still ongoing, with only nine of sixteen witnesses examined. Citing the Supreme Court’s decision in X v. State of Rajasthan (2024 SCC OnLine SC 3539), the court declined to revisit its earlier order and dismissed the bail application, directing the Superintendent of Police to ensure the remaining witnesses appear in trial.

Issues considered

  • Whether regular bail should be granted to the accused despite self‑inculpatory statements and serious offences under the Bharatiya Nyaya Sanhita and Arms Act
  • Whether the pendency of trial and incomplete witness examination warrant bail
  • Whether the precedent set by X v. State of Rajasthan (2024) applies to deny bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • self‑inculpatory statement
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • witness examination
  • Supreme Court precedent
  • trial pendency

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84225 of 2025
                      Arising Out of PS. Case No.-130 Year-2024 Thana- FESHAR District- Aurangabad
                 ======================================================
           1.     Chandan Kumar, S/O Rameshwar Choudhary, Resident of Village- Banghi,
                  P.S- Fesar, District- Aurangabad
           2.    Sanjay Singh, S/O late Sarju Singh @ Late Saran Singh, Resident of
                 Village- Jhekhi Raghunathpur, P.S- Nokha, District- Rohtas

                                                                                    ... ... Petitioners
                                                           Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners        :         Mr. Ajay Kumar Singh, Advocate
                 For the State              :         Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                         Heard learned counsel for the petitioners and

                   learned APP for the State.

                                       2.       This is the second attempt on behalf of the

                   petitioners for grant of regular bail in connection with Fesar P.S.

                   Case No.130 of 2024 registered for the offence under sections

                   103 and 238 of the B.N.S., 2023 and under sections 25(1-b)a &

                   26 of the Arms Act.

                                       3.       Earlier,   the      bail   applications    of        the

                   petitioners were rejected by this Court vide common order dated

                   09.05.2025 passed in Criminal Miscellaneous No.13913 of 2025

                   and Criminal Miscellaneous No.14270 of 2025. The aforesaid

                   order dated 09.05.2025 reads as under:-

                                                “These applications are arising out of
Patna High Court CR. MISC. No.84225 of 2025(3) dt.11-02-2026
                                              2/3




                          the same P.S. Case Number i.e., Fesar P.S.
                          Case No. 130 of 2024. Hence, they are being
                          heard together and are being decided by a
                          common order.
                                   2. Heard the learned counsel for the
                          petitioners and learned APP for the State.
                                   3. The petitioners seek regular bail in
                          connection with Fesar P.S. Case No. 130 of
                          2024 registered for the offence under Sections
                          103 & 238 of the Bharatiya Nyaya Sanhita,
                          2023 and under Sections 25(1-b)a, 26 of the
                          Arms Act.
                                   4. The deceased was brutally killed by
                          unknown persons. The informant has suspected
                          the hand of one Mahendra Choudhary in the
                          killing of the deceased.
                                   5.   The    petitioners     gave   a   self-
                          inculpatory statement confessing their guilt
                          and from the statement of the petitioners, a
                          spanner, knife and a black towel were
                          recovered near the place of occurrence. From
                          the analysis of the CDR, the presence of the
                          petitioners was found at the same time and at
                          the same place creating a serious suspicion of
                          their involvement in the commission of the
                          crime.
                                   6. So far as the petitioner namely
                          Chandan Kumar is concerned, he has one
                          criminal antecedent and is in custody since
                          12.11.2024.
                                   7. So far as the petitioner namely
                          Sanjay Singh is concerned, he has one criminal
                          antecedent and is in custody since 12.11.2024.
                                   8. Considering the allegations levelled
                          against these petitioners, I am not inclined to
              Patna High Court CR. MISC. No.84225 of 2025(3) dt.11-02-2026
                                                          3/3




                                        grant bail to the petitioners.
                                                9. Accordingly, these applications for
                                        regular bail are hereby rejected.”


                                        4.      It has been submitted by learned counsel for

                        the petitioners that out of sixteen witnesses, nine witnesses have

                        been examined in the trial.

                                        5.      Considering the fact that the trial is

                        proceeding and also the laid down down by the Hon’ble

                        Supreme Court in the case of X vs. State of Rajasthan & Anr.

                        reported as 2024 SCC OnLine SC 3539, I am not inclined to

                        review my earlier order dated 09.05.2025. Accordingly, this bail

                        application is dismissed.

                                        6.      The Superintendent of Police, Aurangabad is

                        directed to ensure the presence of remaining witnesses in the

                        trial.

                                        7.      Let a copy of this order be communicated to

                        the Superintendent of Police, Aurangabad forthwith through

                        FAX or e-mail for its compliance.


                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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