Patna High Court
Pawan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, including Kundan Kumar and four others, were arrested in connection with a 2019 FIR alleging conspiracy to murder an informant's mother, with charges under IPC sections 147, 148, 149, 302, 120B, 380 and Arms Act section 27. They had been in judicial custody since December 2025 and sought bail, claiming they were falsely implicated and that the FIR specifically named other co‑accused. The prosecution opposed the bail application. The High Court examined the allegations, the lack of further incriminating evidence against the petitioners, and the fact that a co‑accused had already been granted bail. Applying bail principles, the Court ordered that each petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued without delay for verification.
Issues considered
- Whether the petitioners are entitled to bail despite serious charges including murder and conspiracy under the IPC and Arms Act
- Whether the evidence and circumstances justify continued judicial custody
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 380
Subjects
- bail
- IPC sections 147 148 149 302 120B 380
- Arms Act section 27
- murder conspiracy
- judicial custody
- land dispute
- Jehanabad
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30065 of 2026
Arising Out of PS. Case No.-990 Year-2019 Thana- JAHANABAD District- Jehanabad
======================================================
Kundan Kumar @ Kundan Singh S/O Satyendra Singh R/O Vill.- Sahbajpur,
P.S.- Jehanabad(Kalpa), Dist.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 18450 of 2026
Arising Out of PS. Case No.-990 Year-2019 Thana- JAHANABAD District- Jehanabad
======================================================
1. Pawan Singh S/o- Jagdish Singh Village- Sahwajpur, P.S- Jehanabad Kalpa
O.P, District- Jehanabad
2. Devendra Singh S/o- Jagdish Singh Village- Sahwajpur, P.S- Jehanabad
Kalpa O.P, District- Jehanabad
3. Gunjan Singh S/o- Awadhesh Singh Village- Sahwajpur, P.S- Jehanabad
Kalpa O.P, District- Jehanabad
4. Upendra Singh S/o- Late Soni Singh @ Sohawan Singh Village- Sahwajpur,
P.S- Jehanabad Kalpa O.P, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 30065 of 2026)
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 18450 of 2026)
For the Petitioner/s : Mr. Vijay Anand, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 15-05-2026 Heard Mr. Sanjay Kumar and Mr. Vijay Anand,
learned counsel for the petitioners and Mr. Anil Kumar, learned
APP for the State (in both the cases).
Patna High Court CR. MISC. No.30065 of 2026(4) dt.15-05-2026
2/4
2. Petitioners seek bail, who are in custody since
01.12.2025 and 15.12.2025 respectively, in connection with
Jehanabad (Kalpa) P.S. Case No. 990 of 2019, F.I.R. dated
28.11.2019 registered for the offences punishable under
Sections 147, 148, 149, 302, 120B, 380 of the Indian Penal
Code and Section 27 of the Arms Act.
3. Allegation against the petitioners is of conspiring in
committing murder of the informant’s mother.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. He further submits that it appears from the
F.I.R. itself that there is direct and specific allegation attributed
against co-accused person, namely, Dharmendra Singh and
Tunnu Kumar and as per allegation in the F.I.R. the informant
has alleged that the petitioners have conspired in the present
case due to land dispute. Learned counsel for the petitioners
further submits that the petitioners are in judicial custody in
connection with Jehanabad (Kalpa) P.S. Case No. 351 of 2019
on the date of occurrence i.e. on 28.11.2019 and they have been
remanded in the present case from the aforesaid case on
01.12.2025 and 15.12.2025 and except the aforesaid, nothing
has come during investigation to suggest the involvement of the
Patna High Court CR. MISC. No.30065 of 2026(4) dt.15-05-2026
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petitioners in the present occurrence. He further submits that
co-accused person, namely, Pramod Singh @ Pramod Kumar
has been granted bail by this Court vide order dated 15.04.2026
passed in Cr. Misc. No. 24282 of 2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the
case, let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Chief Judicial Magistrate, Jehanabad in connection
with Jehanabad (Kalpa) P.S. Case No. 990 of 2019, subject to
the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.30065 of 2026(4) dt.15-05-2026
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for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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