Chandan Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17126 of 2026 Arising Out of PS. Case No.-539 Year-2025 Thana- MANER District- Patna ====================================================== Chandan Raj S/o Rajendra Prasad R/o Village - Byapur, P.S - Maner, District - Patna ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2026 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 103(1), 238, 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. As per prosecution case, a decomposed dead body of a male was recovered lying near Brick Kiln.

4. The learned counsel for the petitioner submits that the FIR is against the unknown and petitioner's name has come in the case during the course of the investigation, when the wife of the deceased, namely, Gauri Devi came to the police station and reported the missing of her husband since the morning of 23.07.2025. Thereafter, the body of the husband of the informant was identified. It was the wife of the deceased, who then disclosed the name of the accused persons including the petitioner that they have threatened her husband with dire consequences and it was they, who had conspired to kill her husband. It has further been submitted that during the course of investigation, one Sujit Kumar @ Suji was arrested by the police, and he in his confessional statement, has stated that he

Patna High Court CR. MISC. No.17126 of 2026(4) dt.16-07-2026 2/2 along with other co-accused persons namely Chandan Kumar (petitioner) and Shakti Singh, have committed the murder of Tunna Singh and concealed the dead body of the deceased in the office of Brick Klin. It has also been pointed out that even if the said confessional statement is taken into account, the petitioner was not referred to be present at the place of occurrence or in any manner helped in disposing of the dead body. The learned counsel for the petitioner also points out that there is no specific allegation of overt act alleged against the petitioner, save and except the fact that the petitioner had an altercation with the deceased a few days earlier. Similarly situated co-accused have already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 22863 of 2026.

5. Learned counsel for the State opposed the prayer for bail. He submits that during investigation several witnesses have supported the prosecution case. Learned counsel submits that the petitioner cannot equate his case with the aforesaid case since petitioners of that case are ladies and there is no allegation of any overt act against them.

6. Considering the gravity of the offence, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) shashi/- U T