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Patna High Court

Chandan Ojha @ Chandan Kumar OjhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Chandan Ojha, sought anticipatory bail fearing arrest in a murder case (Karnamepur P.S. Case No. 35 of 2024) where he was alleged to have killed the deceased along with family members. The prosecution had added charges under Sections 80(2)/3(5) of the B.N.S., and later Sections 103(1) and 61(2). The petitioner contended he was innocent, not named in the FIR, and had a clean antecedent, while his son, working in Noida, was also implicated. The State opposed the bail. The court, after hearing counsel, allowed the anticipatory bail, directing release on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC and Section 482 of the B.N.S. in view of the allegations.
  • Whether the petitioner’s alleged non‑inclusion in the FIR and clean antecedent justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • murder charge
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88456 of 2025
                      Arising Out of PS. Case No.-35 Year-2024 Thana- Karnamepur District- Bhojpur
                 ======================================================
                 Chandan Ojha @ Chandan Kumar Ojha Son of Late Gajadhar Ojha Resident
                 of village - Ojhwaliya, P.S.- Karnamepur (Shahpur), District - Bhojpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bibhakar Tiwary, Advocate
                 For the Opposite Party/s :       Mr.Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   27-02-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Karnamepur P.S. Case No. 35 of 2024

                   registered for the offence under Sections 80(2)/ 3(5) of B.N.S.

                   and subsequently Sections 103(1) and 61(2) of B.N.S. were

                   added.

                                   3. As per the prosecution case, petitioner along

                   with his family members are alleged to have killed the deceased.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that petitioner

                   is not named in the FIR. Learned counsel further submits that

                   the son of the petitioner is working in NOIDA and when he
              Patna High Court CR. MISC. No.88456 of 2025(3) dt.27-02-2026
                                                          2/2




                        came to know about the death of his wife, he came and then he

                        has also been made accused in this case. Petitioner has clean

                        antecedent.

                                         5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail

                        bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the learned A.C.J.M.-1,

                        Bhojpur at Ara/ concerned Court below in connection with

                        Karnamepur P.S. Case No. 35 of 2024, subject to the conditions

                        laid down in Section 438(2) of the Code of Criminal Procedure,

                        1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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