Patna High Court – Orders
Chandeshwar Singh vs The State Of Bihar on 21 July, 2026
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.30 of 2026
Arising Out of PS. Case No.-338 Year-2008 Thana- BARHARA District- Bhojpur
======================================================
1. Chandeshwar Singh S/O Late Vishwanath Singh R/O Village- Phuha, P.S-
Barahara, Distt.- Bhojpur.
2. Ajit Singh @ Ajit Kumar Singh S/O Chandeshwar Singh R/O Village-
Phuha, P.S- Barahara, Distt.- Bhojpur.
3. Pankaj Kumar Singh S/O Sri Bhagwan Singh R/O Village- Phuha, P.S-
Barahara, Distt.- Bhojpur.
4. Pawan Kumar Singh S/O Sri Bhagwan Singh R/O Village- Phuha, P.S-
Barahara, Distt.- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Binod Kumar Singh S/O Shankar Dayal Singh R/O Village and P.O- Phuha,
P.S.- Barahara, Distt.- Bhojpur, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anurag Saurav, Advocate
Ms. Sharda Raje Singh, Advocate
Mr. Abhisehk Kumar, Advocate
Mr. Ankesh Bibhu, Advocate
For the State : Mr. Ashok Kumar Singh, APP
For the O.P. No. 2 : Mr. Binay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 21-07-2026
Re: I.A. No. 01 of 2026
The instant interlocutory application for grant of bail
and suspension of sentence has been filed on behalf of petitioner
no. 1, Chandeshwar Singh, under Sections 442 r/w Section
430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in
the present criminal revision petition which has been preferred
against the judgment of conviction and order of sentence dated
18.11.2025 passed by the learned Additional Sessions Judge-II,
Patna High Court CR. REV. No.30 of 2026(4) dt.21-07-2026
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Bhojpur at Ara in Criminal Appeal No. 27 of 2019, whereby and
whereunder the learned appellate court has affirmed the
judgment of conviction and modified the order of sentence
dated 31.05.2019 passed in Trial No. 18 of 2019 by the learned
Chief Judicial Magistrate, Bhojpur, Ara, arising out of Barhara
P.S. Case No. 338 of 2008.
2. The learned trial court convicted Petitioner No. 1,
along with the other co-accused persons, under Sections 147,
148, 341, 323/149, 324/149, and 325/149 of the Indian Penal
Code (IPC) and sentenced them in the following terms:
Offence (IPC) Imprisonment Fine Amount Default
Sentence Sentence (In
Lieu of Fine)
Section 147 1 Year and 6 Rs. 5,000/- Simple
Months Imprisonment
for 4 Months
Section 148 2 Years Rs. 5,000/- Simple
Imprisonment
for 4 Months
Section 341 None Rs. 5,000/- Simple
Imprisonment
for 1 Month
Section 323 / None Rs. 1,000/- Simple
149 Imprisonment
for 2 Months
Section 324 / 2 Years Rs. 5,000/- Simple
149 Imprisonment
for 4 Months
Section 325 / 4 Years Rs. 10,000/- Simple
149 Imprisonment
for 6 Months
All the sentences were directed to run concurrently.
Patna High Court CR. REV. No.30 of 2026(4) dt.21-07-2026
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3. Thereafter, the learned appellate court affirmed the
judgment of conviction and modified the order of sentence of
the learned trial court in the following terms:
Section of IPC Sentence Awarded (As modified by
Appellate Court)
Section 147 IPC Fine of Rs. 5,000/-, in default Simple
Imprisonment for 3 months.
Section 148 IPC Fine of Rs. 5,000/-, in default Simple
Imprisonment for 3 months.
Section 341 IPC Fine of Rs. 300/-, in default Simple
Imprisonment for 1 month.
Section 323/149 Fine of Rs. 500/-, in default Simple
IPC Imprisonment for 1 month.
Section 324/149 Simple Imprisonment for 1 year and fine of
IPC Rs. 5,000/-, in default S.I. for 3 months.
Section 325/149 Simple Imprisonment for 2 years and fine of
IPC Rs. 10,000/-, in default S.I. for 4 months.
All the sentences were directed to run concurrently.
4. Learned counsel for the petitioner submits that the
petitioner no. 1 has been in custody since 27.05.2026 after
orders have been passed by the appellate court. Prior to that, he
has suffered incarceration for about one month. Learned counsel
further submits that there are a number of contradictions in the
evidence of prosecution witnesses, which have not been
considered by the learned subordinate courts. The parties are
agnates and there are number of disputes between them. There is
long standing land dispute between the parties. Learned counsel
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further submits that the petitioner no. 1 has a very good chance
of success in his case and prays for suspension of sentence and
grant of bail to the petitioner, till the disposal of the present
revision petition.
5. Learned counsel appearing on behalf of the
opposite party no. 2 as well as learned APP for the State
vehemently oppose the submission made on behalf of the
petitioner no. 1. Learned counsel for the opposite party no. 2
submits that the conviction and sentence of the petitioner no. 1
has been passed by two subordinate courts with concurrent
findings, therefore, at this stage, the petitioner should not be
released on bail, even provisionally.
6. Having regard to the fact that the maximum
sentence imposed upon the petitioner is simple imprisonment
for two years and a fine of Rs. 10,000/- under Section 325/149
of the IPC, and that the petitioner has already been in custody
for a few months, this Court deems it fit and proper to allow the
petitioner to contest this case following his release.
7. Let petitioner no. 1, above named, be released on
bail, till the disposal of the present revision petition, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
Patna High Court CR. REV. No.30 of 2026(4) dt.21-07-2026
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satisfaction of the learned Chief Judicial Magistrate, Bhojpur at
Ara/concerned court, in connection with Barhara P.S. Case No.
338 of 2008.
8. Till further orders, the order of sentence shall
remain suspended and order of payment of fine is also stayed.
Re: Criminal Revision No. 30 of 2026
9. List this matter on 06.10.2026.
(Arun Kumar Jha, J)
Ashish/-
U
