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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
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                       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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