Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)a, 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
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
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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
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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