Patna High Court
Parvind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 3(5), 61(2)(a)
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
2/4
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
Checking your session…