Chandan Kumar @ Chandan Singhaniya @ Chandan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50001 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- Raghunathpur District- East Champaran ====================================================== Chandan Kumar @ Chandan Singhaniya @ Chandan Sahani Son Of Baidyanath Sahani Resident Of Village-Damobriti, P.S-Harsidhi, District-East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Baidhyanath Thakur, Advocate For the Opposite Party/s :

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The accused/petitioner seeks bail in connection with Raghunathpur P.S. Case No. 179 of 2024 bearing Session Trial No. 381/2025 registered for the offences under Sections 103(1), 61(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.').

3. The accused/petitioner is not named in the First Information Report and is in custody since 06.03.2025.

4. As per FIR, soon before his death, injured son of the informant, informed him that Jhunnu Kumar fired upon him. It is alleged that occurrence took place due to

2/4 money dispute as Jhunnu Kumar and deceased son of the informant was the business partner.

5. It is submitted by learned counsel appearing on behalf of the petitioner that name of this petitioner transpired out of confessional statement of co-accused Jhunnu Kumar during the investigation in furtherance of which, no incriminating material recovered/surfaced as to connect the petitioner with the present crime in question. It is further submitted that petitioner was not connected in any manner with the deceased son of the informant and as there was certain monetary dispute between the named coaccused Jhunnu Kumar and this petitioner, he was implicated with the present crime in question. Even deceased son nothing said against petitioner while dying.

6. While concluding argument, it is submitted that investigation of this case is already completed, chargesheet has been submitted and as such, there is no chance of tampering with the evidence and moreover, petitioner found involved in four more criminal cases, where he is on bail in two cases and one case he has already been acquitted by

3/4 the learned trial court .

7. Learned A.P.P. for the State, while opposing the prayer for bail of the petitioner, could not disputed the aforesaid factual submission as advanced by learned counsel for the petitioner.

8. In view of the aforesaid factual submission and by taking note of the fact as save and except suspicion arising out of confessional statement of named co-accused, prima facie nothing appears incriminating to suggest the involvement of this petitioner with the present crime in question, coupled with the fact that petitioner remains in custody since 06.03.2025, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, East Champaran, Motihari/ concerned court, in connection with Raghunathpur P.S. Case No. 179 of 2024 bearing Session Trial No. 381/2025, subject to the condition as laid down under Section 437(3)

4/4 Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T