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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail was allowed.

Summary

The petitioner, Kundan Kumar, was charged under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a and 27 of the Arms Act for allegedly entering an informant's house and shooting the deceased. He had been in custody since 29‑08‑2025 and claimed a clean antecedent, while the prosecution alleged his involvement and noted that co‑accused had confessed, as had the petitioner according to the record. The petitioner’s counsel argued innocence and sought regular bail. The court noted that the main accused, Manoj Sah, had already been granted bail by a coordinate bench. Considering the circumstances, the court allowed the petition for regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and his alleged confession.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • confession
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19820 of 2026
                 Arising Out of PS. Case No.-212 Year-2025 Thana- SHIKARGANJ District- East Champaran
                 ======================================================
                 Kundan Kumar S/o Lalan Ray @ Lalan Prasad Yadav R/o Village -
                 Kohbarwa, P.S - Shikarganj, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar
                 For the Opposite Party/s :       Mr. Zainul Abedin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   31-03-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Shikarganj P.S. Case No. 212 of 2025 registered for the offence

                   under Section(s) 103(1), 61(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 25(1-b)a and 27 of the Arms Act.

                                3. As per the prosecution case, the petitioner along

                   with co-accused is alleged to have entered the house of the

                   informant and the deceased was shot dead.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 29.08.2025 and claims clean

                   antecedent.

                                5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.19820 of 2026(2) dt.31-03-2026
                                            2/3




          opposed the prayer for bail.

                       6. I have considered the submissions of the parties and

          have gone through the records of the case. From the FIR it

          appears that two unknown criminals killed the deceased. The

          petitioner is suspected to have killed the deceased. During the

          investigation co-accused Manoj Kumar and Nawal Sah have

          confessed their guilt. The petitioner has also confessed his guilt.

          The main accused Manoj Sah who is said to have shot at the

          deceased has been granted regular bail by a co-ordinate Bench

          of this Court in Cr. Misc. No. 18871 of 2026 dated 25.03.2026.

                       7. In view of the above, this application for regular

          bail is allowed.

                       8. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Shikarganj P.S.

          Case No. 212 of 2025.

                       9. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations

          shall not be construed as an expression on the merits of the case
            Patna High Court CR. MISC. No.19820 of 2026(2) dt.31-03-2026
                                                        3/3




                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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