Patna High Court
Chandan Ojha @ Chandan Kumar OjhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 103(1), 3(5), 482, 61(2), 80(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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