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Patna High Court

Shiv Shankar Prasad @ ChandanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Shiv Shankar Prasad @ Chandan was arrested in connection with a murder case (Sections 61(2) and 103(1) of the B.N.S. and Section 27 of the Arms Act) where the prosecution alleged a conspiracy and that Hari Shankar shot Surendra Singh, the informant’s brother. The petitioner contended that the FIR only linked him to a land dispute with the informant and that there was no specific overt act against him, highlighting his clean record and the fact that a co‑accused, Madan Singh, had been granted bail in a similar case. He had been in judicial custody since 27‑09‑2025 and sought regular bail. The State and the informant opposed bail, characterising the matter as a murder case. After hearing both sides, the court found the allegations against the petitioner insufficient to deny bail and ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The order was directed to be complied with by the Additional Chief Judicial Magistrate‑II, Dalsinghsarai or the successive court in Dalsinghsarai, Samastipur.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under Sections 61(2) and 103(1) of the B.N.S. and Section 27 of the Arms Act.
  • Whether the allegations in the FIR constitute sufficient grounds to deny bail to the petitioner.
  • Whether the petitioner’s lack of criminal antecedents and the precedent of bail granted to a co‑accused justify release on bail.

Legislation cited

Subjects

  • regular bail
  • murder
  • arms act
  • criminal procedure
  • land dispute
  • judicial custody
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89714 of 2025
                 Arising Out of PS. Case No.-79 Year-2025 Thana- VIDYAPATINAGAR District- Samastipur
                 ======================================================
                 Shiv Shankar Prasad @ Chandan, S/O Ram Madan Singh @ Madan Singh,
                 R/O Vill.- Kalyan Ganj Bangraha, Ward No.- 19, P.S.- Viyapatinagar, District-
                 Samstipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Lakshmindra Kumar Yadav, Advocate
                 For the Informant        :      Mr. Dilip Kumar Roy, Advocate
                                                 Ms. Sonia Narain Sinha, Advocate
                 For the Opposite Party/s :      Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-01-2026                    Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the informant.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 61(2) and

                   103(1) of B.N.S. and Section 27 of the Arms Act.

                                 3. The case of the prosecution is that the petitioner

                   along with others had conspired and it is alleged that one Hari

                   Shankar fired at Surendra Singh the brother of the informant

                   due to which he died on spot.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of
Patna High Court CR. MISC. No.89714 of 2025(2) dt.16-01-2026
                                            2/3




          the FIR, it is clear that the main thrust of allegation is against

          Hari Shankar. The name of this petitioner has surfaced in the

          first part of the FIR where, it is described that the informant is

          having land dispute with the petitioner. It is further submitted

          by learned counsel for the petitioner that the only allegation

          against this petitioner is that he is having land dispute with the

          informant. There is no specific overt act against the petitioner.

          A statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent. It has also been

          submitted that similarly siutated co-accused Madan Singh has

          been granted bail by this Court vide Cr. Misc. No. 68194 of

          2025. The case of this petitioner stands on similar footing.

          Moreover, he is languishing in judicial custody since

          27.09.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail. Learned counsel for the informant has

          submitted that it is a case of murder.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with
             Patna High Court CR. MISC. No.89714 of 2025(2) dt.16-01-2026
                                                         3/3




                       Vidyapati Nagar P.S. Case No. 79 of 2025 on furnishing bail

                       bond of Rs.10,000/- (ten thousand) with two sureties of the

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

                       Dalsinghsarai or Successive learned Court, Dalsinghsarai,

                       Samastipur.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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