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Patna High Court

Chikku Kumar @ Chikku SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the bail application.

Summary

The petitioner, Chikku Kumar, was charged with murder under Sections 302 and 34 of the Indian Penal Code and with an offence under Section 27 of the Arms Act. The prosecution alleged that on the date of the incident, the petitioner and others opened fire on the informant’s brother and others, resulting in the informant’s death. The petitioner has been in custody since August 2, 2022 and, of the eight witnesses listed, only one has been examined in the trial. The petitioner sought regular bail for the third time, having been rejected in earlier applications. The court, considering the seriousness of the homicide and the allegations, declined to grant bail and dismissed the application, directing the Superintendent of Police to ensure the attendance of the remaining witnesses.

Issues considered

  • Whether regular bail should be granted to an accused charged with murder under Sections 302/34 IPC and Section 27 Arms Act given the nature of the offence and the stage of trial.

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • IPC 34
  • Arms Act 27
  • regular bail
  • witness attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15039 of 2025
                      Arising Out of PS. Case No.-128 Year-2022 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Chikku Kumar @ Chikku Singh Son of Atardeo Singh Resident of Village-
                 Nayagown Sathkhutti, P.S.- Prabatta, District- Khagaria

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agarwal, Sr. Adv.
                                                  Mr.Mili Kumari
                 For the Opposite Party/s :       Mr.Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   16-04-2026                    Heard the parties.

                                 2. This is the third attempt of the petitioner for grant

                   of regular bail in connection with Parbatta P.S. Case No. 128 of

                   2022 corresponding to Sessions Trial No. 298 of 2023 registered

                   for the offence under Sections 302/34 of the Indian Penal Code

                   and under Section 27 of the Arms Act. Earlier the bail

                   application of the petitioner was rejected vide orders dated

                   22.06.2023 and 2.08.2024 passed in Cr. Misc. No. 74558 of

                   2022 and Cr. Misc. No. 46274 of 2024.

                                 3. As per the prosecution case, on the alleged date of

                   occurrence, when the informant was giving wages to his

                   labourers at that time six persons came of occurrence. The

                   petitioner is said to have fired upon the head of informant’s
          Patna High Court CR. MISC. No.15039 of 2025(3) dt.16-04-2026
                                                      2/2




                    brother and other two accused persons are said to have fired at

                    his chest due to which he died.

                                 4. The petitioner is in custody since 2.8.2022 and in

                    the trial out of 8 witnesses only one witnesses has been

                    examined.

                                 5. Considering the manner in which the deceased has

                    been killed and considering the allegation against the petitioner,

                    this court is not inclined to grant bail to the petitioner.

                                 6. Accordingly, this application is dismissed.

                                 7. The Superintendent of Police, Khagaria is directed

                    to ensure the attendance of the witnesses in the trial.

                                 8. Let a copy of this order be communicated to the

                    Superintendent of Police, Khagaria through FAX for its

                    compliance.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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