Chandeswar Bhagat @ Chandra Shekhar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 53407 of 2025 Arising Out of PS. Case No.-245 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== 1.
Chandeswar Bhagat @ Chandra Shekhar Bhagat S/O Late Sukhu Bhagat Resident of Village- Chaklahlaad, P.S.- Vaishali, District- Vaishali 2.
Bipin Kumar S/O Chandeswar Bhagat @ Chandra Shekhar Bhagat Resident of Village- Chaklahlaad, P.S.- Vaishali, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan No. Ii, Adv For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with Vaishali P.S. Case No. 245 of 2025 registered for the offence punishable under Sections 103(1), 3(5) of the BNS, 2023.
3. The case of the prosecution, in short, is that the informant Babita Kumari submitted a report to the S.H.O of Vaishali police station on 29.04.2025 alleging interalia that she was residing in her maike since 8 month due to some dispute in her matrimonial house. On 28.04.2025 at about 06:30 PM, she got information that all the named accused persons killed her son namely Vishwajeet Kumar @ Sunni and tried to make the
2/4 dead body disappear.
4. Learned counsel for the petitioners submits that the petitioner no. 1 is the grandfather of the deceased and petitioner no. 2 is the uncle of the deceased. There are general and omnibus allegations against them in the FIR. He further submits that both the petitioners have no criminal antecedent and are in custody since 30.04.2025. He further submits that the chargesheet has already been filed in this case. Thus, the investigation has stands completed. He, therefore, submits that no purpose would be served in keeping the petitioners for prolong custody and they are ready to abide by all the terms and conditions of bail, if granted.
5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioners.
6. Considering the fact that there are no specific allegations against the petitioners, only general and omnibus allegations have been made against all the accused persons of killing Vishwajeet Kumar @ Sunni, coupled with the fact that the petitioners have got no criminal antecedent and the investigation already stands completed after filing of the chargesheet. No fruitful purpose will be served in keeping the petitioners in custody for prolong period, the petitioners above
3/4 named, are directed to be released on bail on furnishing bailbonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Vaishali P.S. Case No. 245 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioners shall be his close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates without substantial reason or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the Court concerned.
(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bonds.
(v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of
4/4 the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for bail is allowed. (Alok Kumar Sinha, J) kiran/- U T