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Patna High Court

Chandan Kumar @ Vivek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, subject to a bond and sureties, with the provision that the bail may be cancelled if he does not cooperate with the trial.

Summary

The petitioner, Chandan Kumar (alias Vivek Kumar), was arrested in connection with a murder case (PS Kadamkuan Case No. 50/2023) alleged under IPC sections 302 and 34 and Arms Act section 27. He contended that he was falsely implicated, that the actual firing was carried out by another accused, Bablu, and that his presence at the scene was merely captured on CCTV without his knowledge of the crime. The petitioner, who has no prior criminal record, applied for regular bail, assuring cooperation with the trial. The State opposed the bail on the seriousness of the offences. The High Court, after considering the submissions, ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the condition that the trial court may cancel the bail if he fails to cooperate.

Issues considered

  • Whether a person accused of murder under IPC 302/34 and Arms Act 27 is entitled to regular bail pending trial.
  • Whether the petitioner’s alleged false implication and mere presence captured on CCTV affect the grant of bail.
  • Whether the conditions imposed by the court are sufficient to ensure the petitioner’s cooperation with the trial.

Legislation cited

Subjects

  • regular bail
  • murder
  • IPC 302
  • IPC 34
  • Arms Act 27
  • false implication
  • CCTV evidence
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29480 of 2026
                      Arising Out of PS. Case No.-50 Year-2023 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Chandan Kumar @ Vivek Kumar S/o Mohan Prasad Resident of Village -
                 Kazipur, West Lane of CPI Office, Arya Kumar Road, P.S. - Kadam Kuan,
                 Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shashank Chandra
                 For the Opposite Party/s :      Mr.Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Kadamkuan P.S. Case No. 50/2023 for the offences punishable

                   under section 302/34 of the Indian Panal Code and 27 of the

                   Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 09.10.2025 and the informant alleges that a call came on

                   the mobile of his brother Sunny and both left on a motorcycle

                   and when they reached near CPI Office, they saw 8-9 accused

                   persons present from before and identified Babloo @ Govind,

                   elder brother of Babloo, Sahil, Chandan and Rahul and
Patna High Court CR. MISC. No.29480 of 2026(2) dt.15-05-2026
                                            2/3




          thereafter, it is alleged that Babloo fired causing firearm injury

          to Sunny who fell from the motorcyle and on alarm they fled

          and Sunny was brought to the hospital where he was declared

          dead by the doctors.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner has been falsely implicated in

          the instant case by the informant, it is next submitted that from

          perusal of the allegation as alleged in the FIR, it would manifest

          that the specific allegation of firing is against Bablu, it is next

          submitted no doubt petitioner was also present at the place of

          occurrence, but then he was not even aware that the occurrence

          of the nature as alleged would take place, as such, his presence

          was also captured in the CCTV. It is next submitted that had the

          petitioner been aware that occurrence of the nature, as alleged

          would take place, in that event, the petitioner would have been

          careful to ensure that he is not captured by CCTV, it is reiterated

          that allegation of firing is against Bablu and no overtact has

          been alleged against the petitioner. It is further submitted that if

          privileged of regular bail is granted to the petitioner, the

          petitioner will not abscond rather will cooperate in the trial to

          prove his innocence.

                       5. Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.29480 of 2026(2) dt.15-05-2026
                                                        3/3




                      regular bail of the petitioner.

                                    6. Considering the submissions made by the learned

                      counsel appearing on behalf of the petitioner, the petitioner,

                      above named, is directed to be enlarged on bail on furnishing

                      bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      District & Additional Sessions Judge-XXXIII, Patna in

                      connection with Kadamkuan P.S. Case No. 50 of 2023.

                                    7. However, it is made clear if learned Trial Court

                      bringing to its notice that the petitioner, despite giving assurance

                      to this Court, is not cooperating in the trial, the learned Trial

                      Court shall be at liberty to cancel the bail bonds of the

                      petitioner.



                                                                       (Satyavrat Verma, J)
Sanjeev/-
Vikram

U      T


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