Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, refusing regular bail to the petitioner.
Summary
The Patna High Court considered an application for regular bail filed by Chandan Kumar, who is accused under Sections 111 and 61(2) of the Bihar Narcotic Substances Act, 2023, together with Sections 25(1‑B)(a), 26 and 35 of the Arms Act, for allegedly conspiring to murder a key witness in the Munna Singh murder case. The prosecution alleged that a large quantity of arms and ammunition was recovered from the petitioner’s residence and that the petitioner acted on instructions of a co‑accused who was planning the murder from jail. The petitioner contended that he was innocent, had no material linking him to the conspiracy, and was falsely implicated, despite having six prior criminal antecedents. The State opposed bail, emphasizing the seriousness of the offences and the substantial arms recovery. The Court, noting the gravity of the offences and the large seizure of weapons, declined to grant bail and dismissed the application, stating that its observations were prima facie and not a determination on the merits of the trial.
Issues considered
- What is the appropriate decision on the petitioner's application for regular bail in light of the alleged conspiracy to murder and the seizure of a large quantity of arms?
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 111, 61(2)
Subjects
- regular bail
- arms seizure
- conspiracy to murder
- criminal antecedents
- gravity of offence
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 41436 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Chandan Kumar S/o Rameshwar Singh R/o vill - Matihani, ward no. 1, P.S.-
Matihani, P.O.- Muzapur, Banduar, Distt.- Begusarai, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Adv.
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Town P.S. Case No. 40 of 2026, registered for the offence under
Sections 111 & 61(2) of the B.N.S., 2023 read with Sections
25(1-B)(a), 26 & 35 of the Arms Act.
3. As per the prosecution case, the petitioner and
others have conspired to murder the key witness in the Munna
Singh murder case. During the investigation, police raided the
petitioner’s house, seizing a large quantity of arms and
ammunition. The petitioner was acting under the instructions of
a co-accused, who had planned the murder from jail.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence
Patna High Court CR. MISC. No. 41436 of 2026(2) dt.25-06-2026
2/2
and has falsely been implicated in this case. There is no
independent material connecting the petitioner with the alleged
conspiracy. The petitioner is in custody since 29.01.2026 having
six criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail and submits that there is huge
recovery of arms and ammunition from the house of the
petitioner
6. Considering the huge recovery of arms and
ammunition and the gravity of the offence, I am not inclined to
grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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