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Patna High CourtCR. MISC./33038/2025bail granted

Chandan Kumar v. The State Of Bihar

2025-08-06Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33038 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- MANER District- Patna ====================================================== Chandan Kumar S/o Arun Rai @ Arun Kumar Ray @ Arun Kumar Singh R/o Village- Chitnawan, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP For the Informant :

Mr. Sanjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Maner P.S. Case No. 68 of 2025 dated 27.01.2025 registered for the offence punishable under Sections 103(1), 303(2), 61(2) read with Section 3(5) of the Bharatiya Nayay Sanhita, 2023 and Section 27 of the Arms Act.

3. The allegation against the petitioner is that he along with co-accused persons has committed murder of the informant's brother.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in

Patna High Court CR. MISC. No.33038 of 2025(3) dt.06-08-2025 2/3 this case. It is submitted that co-accused Sonu Kumar was arrested and he has confessed his guilt which was recorded in paragraph no. 30 of the case diary which suggests that he and one Subodh Kumar had fired upon the deceased (Rajdeo Rai). It is submitted that neither there is any eye witness to the occurrence nor there is any material against him to connect with the said crime. It is also submitted that only on the basis of suspicion, the petitioner has been made accused in this case. It is further submitted that similarly situated persons, namely, Vikash Kumar and Arun Kumar have been granted anticipatory bail vide order dated 25.06.2025 passed in Criminal Miscellaneous No. 24441 of 2025 with Criminal Miscellaneous No. 37241 of 2025 respectively. Lastly, it has been submitted that the petitioner is in custody since 27.01.2025, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. On the other hand, learned counsel for the informant vehemently opposed the prayer for bail of the petitioner and submitted that there is a specific allegation

Patna High Court CR. MISC. No.33038 of 2025(3) dt.06-08-2025 3/3 against the petitioner in the F.I.R., that he conspired to kill the deceased.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Danapur, Patna in connection with Maner P.S. Case No. 68 of 2025.

(Khatim Reza, J) prabhat/- U T