Shiv Shankar Prasad @ Chandan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89714 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Shiv Shankar Prasad @ Chandan, S/O Ram Madan Singh @ Madan Singh, R/O Vill.- Kalyan Ganj Bangraha, Ward No.- 19, P.S.- Viyapatinagar, DistrictSamstipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav, Advocate For the Informant :
Mr. Dilip Kumar Roy, Advocate Ms. Sonia Narain Sinha, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-01-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 61(2) and 103(1) of B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner along with others had conspired and it is alleged that one Hari Shankar fired at Surendra Singh the brother of the informant due to which he died on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of
Patna High Court CR. MISC. No.89714 of 2025(2) dt.16-01-2026 2/3 the FIR, it is clear that the main thrust of allegation is against Hari Shankar. The name of this petitioner has surfaced in the first part of the FIR where, it is described that the informant is having land dispute with the petitioner. It is further submitted by learned counsel for the petitioner that the only allegation against this petitioner is that he is having land dispute with the informant. There is no specific overt act against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. It has also been submitted that similarly siutated co-accused Madan Singh has been granted bail by this Court vide Cr. Misc. No. 68194 of 2025. The case of this petitioner stands on similar footing. Moreover, he is languishing in judicial custody since 27.09.2025.
5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of regular bail. Learned counsel for the informant has submitted that it is a case of murder.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with
Patna High Court CR. MISC. No.89714 of 2025(2) dt.16-01-2026 3/3 Vidyapati Nagar P.S. Case No. 79 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Dalsinghsarai or Successive learned Court, Dalsinghsarai, Samastipur.
(Ashok Kumar Pandey, J) lata/- U T