Patna High Court
Chandan Kumar @ Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
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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