Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 352
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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