Patna High Court
Chandan HariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted to the petitioners subject to the conditions prescribed under Section 438(2) of the Code of Criminal Procedure.
Summary
The petitioners, five brothers from Bari Khanjarpur, sought bail after being implicated in a case where the son of an informant allegedly committed suicide following a love dispute with the daughter of one petitioner. The prosecution alleged that the petitioners threatened the informant's son, leading to his death, invoking Sections 108 and 3(5) of the Bihar Narcotic Substances Act, 2023. The petitioners contended that the FIR, filed on 13‑08‑2025, was fabricated, they have clean antecedents, and they did not commit any offence. The court examined the allegations, the timing of the FIR, and the petitioners' claim of false implication. It granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Code of Criminal Procedure, including cooperation with the trial and no tampering with evidence.
Issues considered
- Whether the petitioners are entitled to bail for offences under Sections 108 and 3(5) of the Bihar Narcotic Substances Act, 2023.
- Whether the FIR is false or fabricated, warranting denial of bail.
- Whether the petitioners' clean criminal antecedent justifies bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 108, 3(5)
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- bail
- Section 438
- Bihar Narcotic Substances Act
- false FIR
- suicide
- criminal antecedent
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86600 of 2025
Arising Out of PS. Case No.-132 Year-2025 Thana- SAJOUR District- Bhagalpur
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1. Chandan Hari Son of Late Sukhdev Hari Resident of Village - Bari
Khanjarpur Medical Colony, Police Station - Barari, District - Bhagalpur.
2. Dabalu Hari Son of Late Sukhdev Hari Resident of Village - Bari
Khanjarpur Medical Colony, Police Station - Barari, District - Bhagalpur.
3. Shekhar Hari Son of Late Sukhdev Hari Resident of Village - Bari
Khanjarpur Medical Colony, Police Station - Barari, District - Bhagalpur.
4. Prince Hari @ Prince Kumar Son of Shekhar Hari Resident of Village - Bari
Khanjarpur Medical Colony, Police Station - Barari, District - Bhagalpur.
5. Dipak Hari @ Dipak Kumar Son of Shekhar Hari Resident of Village - Bari
Khanjarpur Medical Colony, Police Station - Barari, District - Bhagalpur.
... ... petitioners/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the petitioners/s : Mr. Shraddhanand Paswan, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Manoj Kumar, learned counsel for the
petitioners and Mr. Anil Prasad Singh, learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Sajour P.S. Case No. 132 of 2025, F.I.R. dated
13.08.2025 for the offences punishable under Sections 108 and
3(5) of the BNS, 2023.
3. According to prosecution case, the son of the
informant was in love with the daughter of the petitioner no. 3
and they wanted to marry each other, so these petitioners
threatened the son of the informant due to which he committed
Patna High Court CR. MISC. No.86600 of 2025(2) dt.08-01-2026
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suicide.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R. In fact, the
deceased was in love with the daughter of Shekhar Hari
(petitioner no. 3) and due to this reason the petitioners have
persuaded the son of the informant to commit suicide. It appears
from the record of the case that the date of occurrence is
04.08.2025 and the postmortem was conducted on 05.08.2025
but the F.I.R was instituted on 13.08.2025 only after thought to
falsely implicate these petitioners.
5. Learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Bhagalpur in connection with
Patna High Court CR. MISC. No.86600 of 2025(2) dt.08-01-2026
3/3
Sajour P.S. Case No. 132 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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