Patna High Court
Shiv Shankar Prasad @ ChandanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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