Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Chandan Kumar applied for regular bail in a case registered under sections 103(1), 61(2) and 3(5) of the BNS and section 27 of the Arms Act, where the prosecution alleged that a group of accused fired at an informant’s brother, causing his death. The petitioner contended that he was not named in the FIR and was implicated only because a pistol was recovered based on a co‑accused’s confessional statement; he asserted his innocence, lack of criminal antecedent, and that he had been in judicial custody since 5 January 2026. The State opposed the bail, citing the seriousness of the offences. After hearing both sides, the court found no specific role attributed to the petitioner and considered the circumstances suitable for bail. Consequently, the court ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Sitamarhi.
Issues considered
- Whether the petitioner, not named in the FIR and implicated only through a recovered pistol based on a co‑accused’s confession, is entitled to regular bail.
- Whether the seriousness of the offences under the BNS and Arms Act warrants denial of bail.
Legislation cited
Subjects
- regular bail
- bail petition
- criminal procedure
- Arms Act
- BNS
- FIR
- confessional statement
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31088 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- DUMRA District- Sitamarhi
======================================================
Chandan Kumar S/o Suresh Ray Resident of Village - Bhairo Kothi, P.S. and
Dist - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mrs. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State ( through virtual mode).
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1), 61(2)
and 3(5) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that Shashi Bhushan
Kumar, Lokesh Singh, Raghunath Mahto, Mukesh Jha and Manish
Singh have fired at different parts of the body of the informant’s
brother due to which, he succumbed to his injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that in this case, altogether
eleven persons are named in this FIR and the petitioner is not
named in the FIR. On same day, one relative Lakhindra Kumar has
arrived at the house of the petitioner. His confessional statement
Patna High Court CR. MISC. No.31088 of 2026(2) dt.11-05-2026
2/2
was recorded in other case and on that basis, one country made
pistol without any cartridge was recovered. Learned counsel has
submitted that the name of this petitioner has surfaced only on the
basis of recovery of pistol which has been made on the basis of
confessional statement of co-accused Lakhindra Kumar. No any
specific role has been attributed against the petitioner. A statement
has been made in para-3 of this petition that the petitioner has got
no criminal antecedent. Moreover, he is languishing in judicial
custody since 05.01.2026.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Dumra P.S. Case No. 2 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Sitamarhi.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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