Patna High Court
Baiju Kumar @ ChapaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Baiju Kumar, the owner of a pickup vehicle, was accused in a case involving murder, attempt to murder, assault, and offences under the Arms Act arising from a police encounter in which a police officer was shot and later died. The FIR does not specifically allege that the petitioner fired the weapon; he is implicated solely as the vehicle owner. The petitioner, in judicial custody since September 2025, sought regular bail, arguing that no direct evidence links him to the shooting and that a co‑accused had previously been granted bail in a similar case. The State opposed bail, citing the seriousness of the offences and the petitioner’s three prior criminal cases. The Court, after considering the lack of specific allegation against the petitioner and the precedent of bail to a co‑accused, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, merely as the owner of the vehicle, can be granted regular bail for offences including murder and offences under the Arms Act.
- Whether the absence of a specific allegation of firing the weapon in the FIR justifies bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Indian Penal Code — s. 302, 307, 323, 324, 353
Subjects
- bail
- IPC
- Arms Act
- serious offences
- vehicle ownership
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21425 of 2026
Arising Out of PS. Case No.-306 Year-2023 Thana- UJIYARPUR District- Samastipur
======================================================
Baiju Kumar @ Chapa S/o Satandra Yadav Resident of Village - Jharharpur,
Police Station- Karai Parshurai, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 302, 307, 353
& 323/34 of the Indian Penal Code and under Sections 25(1-b)(a),
26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that the
informant with other police officials proceeded for investigating
Mohanpur O.P. P.S. Case No. 517 of 2023 under Section 379 IPC
against unknown persons. During investigation the deceased got
information that Meghu Prasad roaming with his 10-15
companions in the area in order to steal the cattle. On this
information, the informant along with his police officials reached
P.O. and saw that one pick up bearing registration no. BR 06 GI-
Patna High Court CR. MISC. No.21425 of 2026(2) dt.17-04-2026
2/3
5918 covered with upper part with tirpaal and one pick up vehicle
bearing registration no. BR 01 GL-0793 was found there and three
persons were standing there. They were caught by police personnel
but other 10-12 persons of their gang came to their rescue. In
course of rescue, one of them fired on S.H.O. Nand Kishore Yadav
due to which he became injured and during course of treatment he
succumbed to the injuries.
4. Learned counsel for the petitioner submits that from
perusal of the FIR itself it is clear that there is no specific
allegation against any person of making fire. This petitioner has
been made accused in this case as he is the owner of the pickup
vehicle bearing registration no. BR-01GI-0793. From perusal of
the FIR itself it is also clear that the informant has stated that he
can identify the culprits as he has seen them in light but no TIP has
been conducted. Save and except that the petitioner is owner of the
said pickup vehicle, there is nothing against him. Learned counsel
for the petitioner has submitted that the petitioner is in judicial
custody since 24.09.2025. It has further been submitted that
similarly situated other co-accused person has already been
granted bail by this court vide Cr. Misc. No. 87896 of 2025. The
case of this petitioner stands on similar footing.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and has
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submitted that the petitioner is having criminal antecedent of three
cases.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Ujiyarpur P.S. Case No. 306 of 2023 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Dalsinghsarai at Samastipur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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