Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the material evidence and seriousness of the offences justified refusal.
Summary
The petitioner, Kundan Kumar, sought anticipatory bail after learning that he might be arrested in a murder case involving the killing of an informant's son. The prosecution alleged that the crime was committed under Sections 103(1) and 61(2) of the B.N.S. and multiple provisions of the Arms Act, with a co‑accused’s confessional statement implicating the petitioner. The petitioner argued that he was not named in the FIR and that the only link to him was the co‑accused’s confession, asserting his innocence and clean record. The State opposed the bail, emphasizing the seriousness of the offences and the material derived from the confessional statement. The court examined the gravity of the offences, the reliability of the co‑accused’s confession, and the statutory provisions, and concluded that anticipatory bail could not be granted. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail can be granted when the only incriminating material is a co‑accused’s confessional statement.
- Whether the seriousness of offences under the B.N.S. and Arms Act warrants denial of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- confessional statement
- Arms Act
- B.N.S.
- serious offence
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.467 of 2026
Arising Out of PS. Case No.-210 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Kundan Kumar S/O Saheb Singh R/O vill - Kurban, P.S- Beldour,Dist-
Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Mritunjay Kumar, Advocate
For the State : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 103(1) and
61(2) of the B.N.S. and Section 27 of the Arms Act and later on,
Sections 25(1-B)a, 26 and 35 of the Arms Act were added.
3. As per prosecution case, on 11.07.2025, son of
informant, who had recently returned from Delhi, was shot dead
by some unknown persons and the dead body was found in a
forest. The mobile phone of the deceased was also found
missing.
Patna High Court CR. MISC. No.467 of 2026(3) dt.09-04-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is not named in the F.I.R..
Name of petitioner transpired in this case during investigation
merely on the basis of confessional statement of co-accused
Saheb Singh. Save and except confessional statement, there is
no material on record to show the complicity of this petitioner in
the alleged offence. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that name of petitioner transpired
during investigation. It is further submitted that during course of
investigation, one Saheb Singh was apprehended who, in his
confessional statement, admitted that he killed the son of
informant in retaliation to an incident of misbehavior with his
daughter at a marriage ceremony. He further disclosed that he,
in a planned conspiracy with this petitioner, who happens to be
his son and one Sajan Kumar, instructed one Raushan Kumar,
who shot the deceased.
6. Considering the facts and circumstances of the
case, gravity of offence and materials that have surfaced during
Patna High Court CR. MISC. No.467 of 2026(3) dt.09-04-2026
3/3
course of investigation, the prayer for grant of anticipatory bail
to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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