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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions imposed.

Summary

The petitioner, Kundan Kumar, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The FIR records a firearm injury inflicted by co‑accused Abhishek Kumar, and the petitioner’s name only emerged from the co‑accused’s confessional statement, not from the FIR itself. The petitioner asserted his innocence and that no specific overt act was alleged against him, while the State opposed the bail application. The Court examined whether the mere mention in a co‑accused’s statement sufficed to deny bail. Finding insufficient grounds to restrain liberty, the Court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to a person not named in the FIR but implicated through a co‑accused’s confessional statement
  • Whether the allegations under the cited sections justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28661 of 2026
                 Arising Out of PS. Case No.-730 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Kundan Kumar S/o Dipnarayan Saw R/o Sikandarpur, P.O.- Makhmilpur,
                 P.S.- Paliganj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :     Mr. Sanjay Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 352,

                   109(1), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of

                   the Arms Act.

                                3. As per F.I.R., co-accused Abhishek Kumar caused

                   firearms injury on the neck of informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is not named in the F.I.R. and his name transpired during

                   investigation in confessional statement of co-accused Abhishek

                   Kumar. Specific accusation of firing is against co-accused

                   Abhishek Kumar and there is no allegation of any specific overt
              Patna High Court CR. MISC. No.28661 of 2026(2) dt.30-04-2026
                                                          2/2




                        act against petitioner.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case and nature of

                        accusation, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned Judicial Magistrate,

                        1st Class, 15, Patna in connection with Ramkrishna Nagar P. S.

                        Case No. 730 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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