Chandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31516 of 2025 Arising Out of PS. Case No.-389 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Chandan Singh, Male, aged about 45 years, S/o Brahmdeo Singh, R/o Village- Kushweaha Nagar, P.S.- Mahesh Khunt, District- Khagaria, at present resident of Village- Sikandarpur, P.S.- Beldaur, District- Khagaria, Bihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shailendra Kumar Singh, Advocate For the Opposite Party :
Mr. Kumar Veerendra Narayan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Beldaur P.S. Case No. 389 of 2024, G.R. No. 3474 of 2024 dated 10.11.2024 registered for the offences punishable under Sections 103(1) read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the sister of the informant was married to the petitioner but their relationship was not good. The petitioner had illicit relationship with the wife of his step-brother. Hence, his sister was always opposing the said relationship. She was even not allowed to talk with the
2/4 informant. On 10.11.2024, the informant received an information that his sister has been shot dead. The informant believed that Chandan Singh (petitioner), his step-brother Jawahar Singh and his wife Anju Devi have killed his sister by firearms.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner and other coaccused persons have been made accused in the present case only on the basis of suspicion raised by the informant. It is further submitted that an U.D. Case No. 291 of 2024 has been lodged against unknown criminals stating therein that some unknown miscreants have committed murder of the deceased by fire arms. It is further submitted that from perusal of the inquest report, it appears that the F.I.R. has been lodged against unknown person. It is further submitted that there was good relationship between the petitioner and his wife (deceased) and the deceased had not made any complaint against the petitioner and other co-accused persons prior to the alleged date of occurrence. There is no eye witness to the alleged offence. It is further submitted that the confessional statement of the petitioner recorded before the police has got no evidentiary
3/4 value in the eyes of law. It is further submitted that the informant took Rs. 25,000/- from the petitioner and when the petitioner demanded his money from the informant, he lodged the present false case against the petitioner and others. No incriminating article has been recovered from the possession of the petitioner. It is further submitted that the other co-accused person, Jawahar Singh @ Jawahar Mandal, has already been granted bail by a Bench of this Court in Cr. Misc. No. 11673 of 2025 vide order dated 18.03.2025, annexed as Annexure-P/2 to the present bail petition. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 11.11.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has submitted that the petitioner is named in the F.I.R. and he is the husband of the deceased. The petitioner alongwith the other co-accused persons have committed murder of the deceased by firearms. Learned A.P.P. has further stated that as per the impugned order, on the confessional statement of the petitioner, weapon used in the alleged offence, was recovered from the paddy field and the cause of death has been mentioned in the postmortem report due to firearms. The statements of the minor son and the daughters
4/4 of the deceased have been recorded in which they have stated that their mother was killed by their father by firearms. They have also stated that the petitioner used to assault their mother and earlier also their father had put poison in Bhunja.
6. Considering the aforesaid facts and circumstances of the case and the heinous nature of accusation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Beldaur P.S. Case No. 389 of 2024, G.R. No. 3474 of 2024, pending in the court of learned J.M. Ist Class, Khagaria.
7. The application stands rejected.
(Chandra Prakash Singh, J) U.K./- U T