Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64776 of 2025 Arising Out of PS. Case No.-263 Year-2023 Thana- PARSA District- Saran ====================================================== 1.

Chandan kumar S/o Bhulan Rai R/o vill - Pasauna, P.S.- Parsa, Distt.- Saran at Chapra 2.

Mantu Kumar S/o Prabhu Rai R/o vill - Pasauna, P.S.- Parsa, Distt.- Saran at Chapra 3.

Dinesh Rai S/o Tribhuvan Rai R/o vill - Pasauna, P.S.- Parsa, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-11-2025 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application with regard to petitioner no.3.

2. Permission is accorded.

3. Accordingly, this anticipatory bail application is dismissed as withdrawn with regard to petitioner no.3.

4. Now, this application survives only with respect to petitioner nos.1 & 2.

5. Heard learned counsel for the petitioners and the State.

Patna High Court CR. MISC. No.64776 of 2025(3) dt.03-11-2025 2/3

6. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 302, 201 and 34 of the IPC.

7. The case of the prosecution, is that, the son of the informant had gone to his maternal uncle's village on 15.08.2023. On 16.08.2023, one Khushi Kumari informed informant's niece that the petitioners along with others have killed the son of the informant and the dead body has been concealed in a pond..

8. It is submitted on behalf of the petitioners that the FIR has been registered against 10 named and 10 unknown persons. Informant is not an eye witness of the occurrence. Allegation of assault is general and omnibus. Cause of death as opined by Doctor is Asphyxia due to drowning. The Doctor has found no ante-mortem injury on the person of the deceased. Similarly situated other co-accused co-accused persons, namely, Sukesh Rai @ Sukesh Kumar and Dashrath Rai @ Dashrath @ Dashrash have already been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 05.08.2025 passed in Cr. Misc. No. 48671 of 2025. Petitioner claims clean antecedent.

9. Learned counsel for the State oppose the bail

Patna High Court CR. MISC. No.64776 of 2025(3) dt.03-11-2025 3/3 petition.

10. Considering the facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner nos. 1 & 2, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 12th Additional Sessions Judge Saran at Chapra in connection with Parsa P.S. Case No. 263 of 2023, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS), 2023.

(Prabhat Kumar Singh, J) AjayMishra/- U T