Created by Fuzzy Cloud

Patna High Court

Chintu Kumar @ Chintu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000 with two sureties and specified conditions.

Summary

Chintu Kumar, accused of offences under IPC sections 147, 148, 149, 341, 307, 326 and Arms Act section 27 arising from a land‑dispute shooting on 2‑Dec‑2023, has been in custody since 19‑May‑2025. He sought bail, claiming a clean antecedent and pointing out that a co‑accused in the same case had been granted bail. The prosecution opposed bail, emphasizing the specific allegation that the petitioner fired at the victim, whose bullet remained lodged. The Court noted the petitioner’s clean record, the precedent of bail to a similarly situated co‑accused, and the principle of liberty, and therefore ordered bail on a Rs.10,000 bond with two sureties and several conditions. The bail order is subject to cancellation if the petitioner absents himself from two consecutive hearings, tampers with evidence or witnesses, or conceals any criminal antecedent.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under the IPC and Arms Act.
  • Whether the grant of bail to a co‑accused in the same case warrants similar relief to the petitioner.
  • Whether the specific allegation of firing at the victim justifies denial of bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • land dispute
  • criminal antecedent
  • serious offences
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33032 of 2026
                     Arising Out of PS. Case No.-393 Year-2023 Thana- ATHMALGOLA District- Patna
                 ======================================================
                 Chintu Kumar @ Chintu Yadav S/o Late Akhilesh Kumar @ Akhilesh Yadav
                 Resident of village - Chakdaulat, P.S.- Bakhtiyarpur, Distt.- Patna, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Shashi Priya Pathak, Advocate
                                                 Mr. Ambrish Kumar Jha, Advocate
                 For the Informant        :      Mr. Ranjan Kumar Dubey, Advocate
                 For the Opposite Party/s :      Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   08-07-2026                     Heard Ms. Shashi Priya Pathak, learned counsel for

                   the petitioner, Mr. Ranjan Kumar Dubey, learned counsel for the

                   Informant and Mr. Bharat Lal, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   19.05.2025, in connection with Athmalgola P.S. Case No. 393 of

                   2023, F.I.R. dated 03.12.2023               registered for the offences

                   punishable under Sections 147, 148, 149, 341, 307, 326 of the

                   Indian Penal Code and Section 27 of the Arms Act.

                                 3. The prosecution case, in brief, is that on 02.12.2023

                   all F.I.R. named accused persons fired upon the informant and

                   others due to which they sustained injuries.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.33032 of 2026(3) dt.08-07-2026
                                            2/4




          implicated in the present case. It appears from the F.I.R.itself

          that due to admitted land dispute, the present occurrence had

          taken place. Although, there is specific allegation against the

          petitioner that he along with other co-accused persons have fired

          upon Bhagwat Singh and said Bhagwat Singh has received

          bullet injury. He further submits that the allegation against the

          petitioner that the petitioner has fired upon the back side of

          Bhagwat Singh, another accused has also fired upon Bhagwat

          Singh upon the neck and back side and other co-accused perons

          have fired upon his hand (injured person). He further submits

          that co-accused person, namely, Sumer Singh @ Somar Singh

          @ Surendra Singh has been granted regular bail by this Court

          vide order dated 25.03.2026 passed in Cr. Misc. No. 84096 of

          2025. He further submits that the police after investigation

          submitted chargesheet against the petitioner and the petitioner is

          in custody since 19.05.2025 more than a year.

                       5. Learned counsel for the Informant as well as

          learned Additional Public Prosecutor for the State, on the other

          hand, vehemently opposed the prayer for bail of the petitioner

          and submits that from perusal of the F.I.R. it appears that there

          is specific and direct allegation against the petitioner that he has

          fired upon the victim, namely, Bhagat Singh and the bullet
Patna High Court CR. MISC. No.33032 of 2026(3) dt.08-07-2026
                                            3/4




          which was fired by the petitioner is still in the body of the

          injured person.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          similarly situated co-accused person has been granted bail by

          this Court, let the petitioner, above named, be released 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

          learned Additional District & Sessions Judge-V, Barh, Patna in

          connection with Athmalgola P.S. Case No. 393 of 2023, subject

          to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage, it is found that the petitioner has concealed his
               Patna High Court CR. MISC. No.33032 of 2026(3) dt.08-07-2026
                                                           4/4




                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.