Patna High Court
Kundan Kumar @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail as the case against him is based only on general allegations and the investigation is already completed.
Summary
Kundan Kumar was arrested in connection with a case registered under Sections 137, 140(3), 140(1), 103(1) and 61(2) of the Bihar Negotiable Substances Act and has been in custody since 20 July 2025. The FIR alleges that the informant’s son was summoned from his house by co‑accused persons and that the son might be killed, but the allegation against Kumar is described as a vague, omnibus charge. Kumar’s counsel argued that the investigation is complete, a charge‑sheet has been filed, there is no specific incriminating material against him and he poses no risk of tampering with evidence. The State’s counsel contended that Kumar participated in calling the informant’s son along with other accused. The court held that the prima‑facie case against Kumar rests only on a general allegation, the investigation is concluded, and his prolonged detention is unjustified, and therefore ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 437(3) CrPC and Section 480(3) BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the general and omnibus nature of the allegations.
- Whether the completed investigation and filing of a charge‑sheet remove the risk of evidence tampering or flight.
- Applicability of Section 437(3) of the Criminal Procedure Code and Section 480(3) of the Bihar Negotiable Substances Act in granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- general allegation
- investigation completed
- prima facie
- CrPC 437
- BNSS 480
- sections 137 140 103 61
- criminal procedure
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3474 of 2026
Arising Out of PS. Case No.-357 Year-2024 Thana- PIPRA District- East Champaran
======================================================
Kundan Kumar @ Vishal Kumar S/O Bharat Persad R/O Village- Vishunpura,
P.S- Pipra, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balgovind Sharma, Adv
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
For the Informant : Mr. Krishna Kant Singh, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Pipra P.S.
Case No. 357 of 2024 registered for the offence under Sections
137 and 140(3), 140(1), 103(1), 61(2) of BNS.
3. The petitioner is named in the F.I.R. and is in custody
since 20.07.2025.
4. As per FIR, the son of the informant was called from
his house on 29.11.2024 at about 5 PM by named co-accused
persons where after his mobile phone was found switched off. The
informant show apprehension that his son might be killed by co-
accused Krishna Mahto, as on earlier occasion he threatened his
son to kill.
5. Learned counsel appearing on behalf of the petitioner
submitted that allegation is specific against co-accused Golu
Patna High Court CR. MISC. No.3474 of 2026(2) dt.06-02-2026
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Kumar to cause fatal firearm injury and the motorcycle which was
used in crime in question also recovered from his possession. It is
submitted that allegation against this petitioner is very much
general and omnibus in nature and except last seen, nothing
incriminating appears against him. While concluding the argument,
it is submitted that petitioner found involved in three more cases,
where he is on bail and moreover, investigation of this case is
completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel for the
informant while opposing the prayer of bail submitted that
petitioner was engaged in calling son of informant along with other
named co-accused persons from his home, where after present
occurrence took place.
7. In view of aforesaid facts and circumstances as
implication of this petitioner prima-facie appears only on the basis
of general and omnibus allegation as to call petitioner from his
home along with other co-accused persons, at best last seen
suspicion, coupled with fact that investigation of this case is
already completed, where petitioner remains in custody since
20.07.2025, accordingly petitioner above named, is directed to be
released on bail in connection with Pipra P.S. Case No. 357 of
Patna High Court CR. MISC. No.3474 of 2026(2) dt.06-02-2026
3/3
2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned CJM, East Champaran, Motihari/concerned
court, subject to the conditions as mentioned under Section
437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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