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Patna High Court

Tinku Kumar @ Prabhu Kumar @ Prabhu ChaudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was denied to the petitioner.

Summary

The petitioner, Tinku Kumar, applied for regular bail in a case registered under Sections 310(3) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, relating to a loot during which a person named Prakash Kumar was killed. The prosecution’s evidence includes a self‑inculpatory statement of a co‑accused who named the petitioner as a participant, and recovery of a pistol, cartridge, and money. The petitioner has been in custody since 4 July 2025 and claims a clean antecedent. The Court noted the seriousness of the offence, particularly the homicide committed during the loot, and was not persuaded by the fact that other co‑accused had been granted bail. Consequently, the application for regular bail was rejected, with the observation that the remarks are prima facie and do not affect the trial’s merits.

Issues considered

  • Whether regular bail can be granted to the petitioner under Sections 310(3) and 317(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act given the homicide involved in the alleged loot.

Legislation cited

Subjects

  • regular bail
  • murder
  • loot
  • arms possession
  • criminal procedure
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21856 of 2026
                    Arising Out of PS. Case No.-33 Year-2025 Thana- MUZAFFARPUR SADAR District-
                                                        Muzaffarpur
                 ======================================================
                 Tinku Kumar @ Prabhu Kumar @ Prabhu Chaudhary S/o- Shambhu
                 Chaudhary Village- Yusufpur PS- Lalganj District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Bela Singh, Advocate
                 For the Opposite Party/s :      Mr. Md. Fahimuddin, AOO
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Muzaffarpur Sadar P.S. Case No. 33 of 2025 registered for the

                   offence under Sections 310(3) and 317(5) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

                                3. While committing the loot, one person, namely

                   Prakash Kumar, was killed. The criminals left behind a

                   motorcycle. Pursuant to the self-inculpatory statement of

                   Sandeep Jha, one country-made pistol, one live cartridge, some

                   rappers, and some money have been recovered. Co-accused

                   Vishun Kumar Shah has given a self-inculpatory statement

                   naming the petitioner as one of the criminals who participated in
            Patna High Court CR. MISC. No.21856 of 2026(2) dt.07-04-2026
                                                        2/2




                      the crime. The petitioner is in custody since 04.07.2025 and

                      claims clean antecedents.

                                   4. Considering the fact that the deceased was killed by

                      the criminals while committing loot, I am not inclined to grant

                      regular bail to the petitioner despite the fact that some co-

                      accused persons have been granted bail by this Court.

                                   5. Accordingly, this application for regular bail stands

                      rejected.

                                   6. 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

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

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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