Patna High Court
Chandan Kr. @ Chandan ChauhanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petition for bail was denied.
Summary
Chandan Chauhan was arrested in connection with the murder of his father‑in‑law, Late Laxmi Niwas Singh, based on an informant’s complaint and confessional statements of co‑accused Rupesh Kumar Singh and Vikash Kumar Pandey, who alleged that Chauhan had conspired and paid Rs 50,000 for the killing. The petitioner applied for bail, claiming a clean antecedent and that he was initially not named in the FIR, with his name later added only through the co‑accused’s statements. The State opposed bail, highlighting the seriousness of the offence under Sections 103(1) and 3(5) of the BNS and noting that bail applications of the co‑accused had already been rejected by the same court. The Court examined the evidence, the nature of the alleged conspiracy, and the prior refusal of bail to the co‑accused. Concluding that the circumstances did not warrant release, the Court refused the bail petition.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the BNS in view of the evidence and the nature of the alleged murder.
- Whether the confessional statements of co‑accused persons are sufficient to justify denial of bail.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- bail
- murder
- confessional statement
- co‑accused
- criminal procedure
- Section 103
- Section 3
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86588 of 2025
Arising Out of PS. Case No.-74 Year-2025 Thana- SRIPUR District- Gopalganj
======================================================
Chandan Kr. @ Chandan Chauhan S/O Deo Narayan Chauhan Resident of
Village- Lohathi, P.S- Kateya, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer, Advocate
For the Opposite Party/s : Mr. Murli Dhar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 28-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.08.2025 in connection with Sripur P.S. Case No. 74 of 2025
for the offences punishable under Sections 103(1) and 3(5) of
BNS.
3. The case of the prosecution, in brief, is based on
written application of the informant namely Prem Shila Devi,
stating therein that her husband Late Laxmi Niwas Singh has
sold his 01 Katha, 05 Dhurs of land to one Asma Khatoon about
eleven (11) months ago for consideration amount of Rs.
3,62,500/- for which the Asma Khatoon has not paid the amount
at that time and told that when he performed marriage of his
daughter then she will made payment of entire amount without
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payment of amount when she was started getting mutation of the
land then her husband and his elder brother Ram Niwas Singh
stop the mutation till the full payment of amount. It is further
stated that when there was need of money at the time of
marriage of her daughter then her husband Late Laxmi Niwas
Singh demanded his money from Assma Khatoon, then she
avoided and not paid the money. On 04.04.2025, her husband
after dinner in night went to see Yagya and at 11.00 P.M. in
night went to sleep in his bathan. On 05.04.2025 at about 04.00
Hrs in morning, she and her elder daughter Priyanka Kumari
went to bathan and found her husband sleeping on cot. When
she tried to a woke then her husband did not awoke. When she
removed the bad role then she seen that the neck of her husband
was cut by sharped weapon and he is died, then she started cry
and hulla, then local people came and informed the local police.
She has full faith that her husband is murdered by Alauddin
Miya.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that initially the petitioner was not named in the FIR
and the name of the petitioner has transpired during the course
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of investigation on the basis of the confessional statement of co-
accused person, namely, Rupesh Kumar Singh in paragraph-50
of the case diary in which he has stated that the petitioner and
Rupesh Kumar Singh conspired for committing the murder of
the informant’s husband (deceased) and they have hired one
Vikash Kumar Pandey and they have given Rs.50,000/- to him
for committing the alleged occurrence. Thereafter, Vikash
Kumar Pandey was arrested and his statement was recorded
which is mentioned in paragraph-61 of the case diary in which
he has admitted that he has committed the murder of the
deceased and he has received Rs.50,000/- from the petitioner
and co-accused persons, namely, Rupesh Kumar Singh.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that petitioner was involved in
the present crime in question. Apart from that regular bail
petition of the co-accused person, namely, Rupesh Kumar Singh
has been rejected by a Coordinate Bench of this Court vide
order dated 12.11.2025 in Cr. Misc. No. 68111 of 2025 and
another regular bail petition of the co-accused person, namely,
Vikash Kumar Pandey has been rejected by a Coordinate Bench
of this Court vide order dated 12.11.2025 in Cr. Misc. No.
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68420 of 2025.
6. Considering the facts and circumstances of the case
supported by the evidence, I am not inclined to enlarge the
petitioner on bail in connection with Sripur P.S. Case No. 74 of
2025 pending in the court of learned Addl. Sessions Judge-II,
Gopalganj.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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