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Patna High CourtCR. MISC./75788/2025bail granted

Chandrika Saw v. The State Of Bihar

2025-11-14Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75788 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- CHANDRADIP District- Jamui ====================================================== 1.

Chandrika Saw S/o Rajo Saw R/o Village - Chhawail, P.S - Kowakol, District - Nawada 2.

Nilu Kumar @ Nilesh Kumar S/o Suresh Thakur R/o Village - Chhawail, P.S - Kowakol, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioners :

Ms. Kumari Anupam, Advocate For the State :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in a case registered for the offence punishable under Sections 103(1), 238 and 3(5) of the B.N.S..

3. As per prosecution case, informant, namely Rinku Devi, alleged that on 01.05.2025 at about 4 PM, co-accused Pawan Kumar called the husband of informant and when he went, all the F.I.R. named accused persons, including these petitioner, committed murder of husband of informant and threw his dead body in a pond.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.75788 of 2025(2) dt.14-11-2025 2/3 that petitioners are quite innocent and have committed no offence. Informant is not an eye-witness of the occurrence and merely on suspicion, petitioners have been made an accused in this case. As per F.I.R., all five F.I.R. named accused persons assaulted and killed the husband of informant, however, as per post mortem report, only one injury was found on the body of the deceased which itself falsifies the entire prosecution case. It is lastly submitted that similarly situated co-accused persons have already been granted bail by this Hon'ble Court vide order dated 15.10.2025 passed in Cr. Misc. No. 50684 of 2025 and 07.11.2025 passed in Cr. Misc. No. 56556 of 2025. Petitioners have got no criminal antecedents and they are in custody since 05.05.2025. Moreover, charge-sheet has already been submitted.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity, clean antecedents of the petitioners and period of custody, the prayer for grant bail of to the petitioners is allowed.

7. Accordingly, let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.75788 of 2025(2) dt.14-11-2025 3/3 satisfaction of learned A.C.J.M. Ist, Jamui in connection with Chandradip P.S. Case No. 69 of 2025.

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