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Patna High Court

Parvind KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to regular bail subject to the stipulated conditions.

Summary

Petitioner Parvind Kumar applied for regular bail in a case involving alleged murder and offences under the Bihar Narcotic Substances Act and the Arms Act. The prosecution alleged that on 24 November 2025, two unknown assailants shot the informant's grandfather, who later died, and that the petitioner had aided one of the assailants. The petitioner’s counsel argued that the assailants were later identified as Pravin and Vijay, who were lynched by villagers, that the petitioner was not named in the FIR, and that his confessional statement recorded in custody had no evidentiary value and yielded no material evidence. The State opposed bail, asserting the petitioner’s active participation in the conspiracy. After hearing both sides, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial attendance and non‑tampering with evidence. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with serious offences under the Bihar Narcotic Substances Act and the Arms Act.
  • Whether a confessional statement recorded in police custody can be used to deny bail.
  • Whether the absence of the petitioner’s name in the FIR and lack of recovered incriminating material justify granting bail.

Legislation cited

Subjects

  • regular bail
  • murder
  • conspiracy
  • confessional statement
  • Arms Act
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18709 of 2026
                       Arising Out of PS. Case No.-493 Year-2025 Thana- GOPALPUR District- Patna
                 ======================================================
                 Parvind Kumar S/O Gopal Mahto R/O vill.- Jethuli, Kachchi Dargah, P.s.-
                 Nadipur Mauzipur, District Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 For the Informant        :       Mr. Utkarsh Ranjan, Advocate
                                                  Mr. Vinay Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   04-05-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Gopalpur P.S. Case No.

                   493 of 2025 dated 25.11.2025 registered for the offences

                   punishable under Sections 103(1), 61(2)(a), 3(5) of B.N.S. and

                   Section 27 of the Arms Act.

                                3. As per the prosecution case, on 24.11.2025, the

                   informant heard gunshots near his house, upon which he came

                   out and saw two unknown persons firing indiscriminately at his

                   grant-father Asharfi Lal Singh. It is alleged that informant raised

                   alarm, but the assailants fled away from the place of occurrence.

                   The injured grand-father of the informant Asharfi Lal Singh was
Patna High Court CR. MISC. No.18709 of 2026(3) dt.04-05-2026
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          taken to PMCH where he was declared brought dead.

                       4. Learned counsel for the petitioner submits that in

          fact the assailants were identified as one Pravin and Vijay and

          they were subsequently lynched by the villagers for which

          Gopalpur P.S. Case No. 492 of 2025 was registered for the

          offences punishable under Sections 103(1), 103(2) of the BNS

          and Sections 25(1-B)(i), 26 and 35 of the Arms Act. It is

          submitted by the learned counsel for the petitioner that as per

          the prosecution case, the two assailants were unknown who

          were identified as Pravin and Vijay and no suspicion whatsoever

          was raised against the petitioner in the FIR least to say that he

          was named in the FIR. It has further been submitted that

          subsequently the petitioner was arrested and his confessional

          statement was recorded by the police while in police custody

          which has got no evidentiary value in the eye of law. Moreover,

          the confessional statement of the petitioner has not led to

          recovery of any incriminating substance. It has further been

          submitted that the petitioner had confessed that he had helped

          co-accused Pravin in the murder of the deceased and the said

          Pravin was identified as one of the persons who was allegedly

          assailants of the deceased and lynched by the villagers. It has

          further been submitted that charge-sheet has been filed in this
Patna High Court CR. MISC. No.18709 of 2026(3) dt.04-05-2026
                                            3/4




          case and there is no allegation of tampering with the evidence. It

          has lastly been submitted that petitioner is in custody since

          30.11.2025 and although he was accused in one another case of

          petty nature in which he is on bail in that case..

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for bail of

          the petitioner and has submitted that there are enough materials

          against the petitioner and the circumstances go to show that

          petitioner took active part in the conspiracy of killing of the

          deceased.

                       6. Heard the parties and perused the record, the

          petitioner above-named is directed to be enlarged on bail on

          furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Court concerned, Patna in connection with Gopalpur

          P.S. Case No. 493 of 2025, with following conditions:-

                       (i) The petitioner is directed to co-operate in the trial

          and be well represented on each and every date fixed in the trial

          and failure to appear on two consecutive dates, the court below

          would be at liberty to cancel the bail bonds of the petitioner.

                       (ii) If the petitioner tampers with the evidence, the

          prosecution would be at liberty to file appropriate application
           Patna High Court CR. MISC. No.18709 of 2026(3) dt.04-05-2026
                                                       4/4




                     for cancellation of his bail bonds.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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