Patna High Court
Tinku Kumar @ Prabhu Kumar @ Prabhu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 310(3), 317(5)
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
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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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