Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)a, 26
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 238
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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