Chanchal Kumar @ Chanchal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51718 of 2025 Arising Out of PS. Case No.-163 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Chanchal Kumar @ Chanchal Singh, S/o Vijay Kumar Singh, R/o Village - Vikrampur, P.S.- Cheria Bariyarpur, District - Begusarai ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Senior Advocate Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-10-2025 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Town P.S. Case No.163 of 2025 registered for the offences punishable under Sections 103, 61(2) of the Bhartiya Nyaya Sanhita (for short 'B.N.S.') and Section 27 of the Arms Act.
3. The accused/petitioner is not named in the FIR and is in custody since 22.04.2025.
4. As per FIR, some unknown miscreants committed murder of one Ajit Mahto, a nearby resident of clinic of Dr. Prabhakar Thakur.
5. Mr. Ansul, learned senior counsel appearing for
Patna High Court CR. MISC. No.51718 of 2025(3) dt.08-10-2025 2/3 petitioner submitted that in fact the mother of petitioner was ill, therefore, he visited clinic of Dr. Prabhakr Thakur on the date but, he was implicated through confessional statement of co-accused persons. It is submitted that even as per confession, the allegation to cause fatal firearm injury is specifically available against co-accused Prashant and Shivam. Mr. Ansul further submitted that despite of claim of informant that he could identify the staff and assailant, no T.I.P. was conducted and, therefore, the charge-sheet against the petitioner was submitted purely on the basis of suspicion arising out of confessional statement of co-accused persons. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has already submitted and, as such, there is no chance of tampering with the evidence and moreover petitioner is a man of clean antecedent.
6. Learned APP while opposing the prayer of bail submitted that the petitioner actively participated during the occurrence.
7. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.51718 of 2025(3) dt.08-10-2025 3/3 taking note of fact as save and except suspicion arising out of confessional statement of co-accused, prima facie, nothing incriminating appears against the petitioner as to connect him with present occurrence of murder, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 22.04.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No.163 of 2025 subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'). (Chandra Shekhar Jha, J.) Sanjeet/- U T