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Patna High Court

Kartik KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with two sureties.

Summary

Kartik Kumar was arrested in connection with a murder case (Muzaffarpur Paroo PS Case No. 469 of 2025) alleged under sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and section 27 of the Arms Act. The prosecution’s case is based on a confessional statement of co‑accused Santosh Kumar, which mentions Kumar’s involvement in arranging pistols for the killing. The petitioner contended that he is innocent, that the weapon was recovered from the co‑accused, and that he has been in judicial custody since 20‑11‑2025. The State and the informant opposed bail, alleging a confession and recovery of the weapon. After hearing both sides, the court found the circumstances comparable to the co‑accused who had been granted bail and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the accused in a murder case involving firearms when the prosecution relies on a co‑accused’s confessional statement.
  • Whether the existence of a confession and recovery of the weapon precludes bail.

Legislation cited

Subjects

  • regular bail
  • murder
  • arms act
  • confessional statement
  • judicial custody
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16123 of 2026
                      Arising Out of PS. Case No.-469 Year-2025 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Kartik Kumar Son of Late Kailash Singh Resident of village- Harpur Beni,
                 Ps- Jaintpur, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar Manoj, Advocate
                 For the Opposite Party/s :        Mr. Sucheta Yadav, APP
                 For the Informant        :        Mr. Shanti Bhushan Singh, Advcoate
                                                   Ms. Raveena Nidhi Karn, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   01-05-2026                        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 103(1) and

                   3(5) of BNS and Section 27 of the Arms Act.

                                3. The case of the prosecution is that the F.I.R. named

                   accused persons have committed murder of the nephew of the

                   informant.

                                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 the name of this

                   petitioner has surfaced in this case during course of

                   investigation in the confessional statement of co-accused
Patna High Court CR. MISC. No.16123 of 2026(3) dt.01-05-2026
                                            2/3




          Santosh Kumar and from perusal of the confessional statement

          of Santosh Kumar, it appears that for committing the murder of

          the deceased, two pistols were arranged. Aman and this co-

          accused Santosh Kumar have gone to kill the deceased and it is

          alleged that Aman has fired upon the deceased. One of the

          pistols was with Santosh Kumar. Learned counsel has submitted

          that in any view of the matter, the recovery, if any, has been

          made from the possession of co-accused Santosh. Though, it is

          not clear from the diary as to from whom, the second pistol was

          recovered. It has further been submitted that co-accused Santosh

          has been granted bail by this court vide Cr. Misc. No. 12258 of

          2026. The case of this petitioner stands on similar footing.

          Moreover, the petitioner is languishing in judicial custody since

          20.11.2025.

                       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 the petitioner has confessed his guilt and that the arm of

          assault was recovered.

                       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
            Patna High Court CR. MISC. No.16123 of 2026(3) dt.01-05-2026
                                                        3/3




                      petitioner is directed to be released on bail in connection with

                      Muzaffarpur Paroo P.S. Case No. 469 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 Court No. 9 of JMFC,

                      Muzaffarpur (West), Muzaffarpur.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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