Patna High Court
Chikku Kumar @ Chikku SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
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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