Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28747 of 2025 Arising Out of PS. Case No.-502 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Chandan Kumar S/o- Late Krishna Yadav @ Late Krishna Yadav Singh Resident of Village- anantpur Ps- Naubatpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra For the Opposite Party/s :

Mr. Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 103(1) of the B.N.S.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and is in custody since 04.09.2024 and the informant based on suspicion alleges that petitioner was involved in the murder of his brother as the petitioner had disclosed to the informant on 13.08.2024 that he has been given Rs.10,000/- to kill his brother, but at that time, the informant did not take the petitioner seriously.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated based on suspicion. It is next submitted that from perusal of the allegation as alleged in

Patna High Court CR. MISC. No.28747 of 2025(3) dt.06-08-2025 2/3 the F.I.R., it would manifest that informant alleges that petitioner had taken the deceased along with himself on 15.08.2024, thereafter informant saw his brother with the petitioner on 16.08.2024 near Block Office, but then, his brother fled seeing the informant and thereafter, on 21.08.2024, his dead body was found. It is next submitted that if the petitioner had disclosed to the informant on 13.08.2024 that an amount of Rs.10,000/- has been given to him for committing the occurrence, then why no FIR was instituted. It is also submitted that it absolutely does not stand to reason that as to why in between 16.08.2024 to 21.08.2024, no FIR was instituted when brother of the informant was missing, which cast an aspersion on the case of the prosecution. It is next submitted that petitioner will not abscond rather will cooperate in the trial as charge-sheet has been submitted, but then, fairly submits that charges till date has not been framed.

5. Learned A.P.P. Sri Rabindra Kumar opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.28747 of 2025(3) dt.06-08-2025 3/3 with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Danapur, Patna in connection with Naubatpur P. S. Case No.502 of 2024.

7. The application stands allowed.

8. However, it is made clear that if the learned trial Court comes to a conclusion that the petitioner after his release is trying to delay the framing of charge or the trial after framing of charge in any manner, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons (Satyavrat Verma, J) vikash/- U T