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Patna High Court

Jag Mohan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to monetary bond and specified conditions.

Summary

Jag Mohan Kumar was arrested on 17 July 2025 in connection with an FIR dated 14 June 2025 alleging offences under the B.N.S. 2023 and the Arms Act, relating to the shooting of Kundan Kumar. The prosecution alleged that co‑accused persons fired at the victim, but the FIR did not specifically charge the petitioner with any assault, overt act, or firing. The petitioner argued that similar co‑accused had already been granted bail by a coordinate bench, and that there was no direct incriminating allegation against him. The State opposed bail, noting the petitioner’s involvement in two other pending cases. The court, after considering the lack of specific allegation against the petitioner and the precedent of bail to co‑accused, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite being named in the FIR for offences under the B.N.S. 2023 and the Arms Act.
  • Whether the absence of a specific allegation of assault or firing against the petitioner warrants bail.
  • Whether the bail granted to other co‑accused influences the decision on the petitioner's bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • B.N.S. 2023
  • criminal procedure
  • co‑accused
  • pre‑trial detention
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4762 of 2026
                    Arising Out of PS. Case No.-140 Year-2025 Thana- NAGARNAUSA District- Nalanda
                 ======================================================
                 Jag Mohan Kumar Son of Bihari Prasad Resident of Village and P.S.-
                 Nagarnausa, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mrs. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   09-04-2026                    Heard Mr. Anil Kumar Singh, learned counsel for the

                   petitioner and Mrs. Rina Sinha, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   17.07.2025, in connection with Nagarnausa P.S. Case No. 140

                   of 2025, F.I.R. dated 14.06.2025 registered for the offences

                   punishable under Sections 103(1), 61(2) of the B.N.S. 2023 and

                   Sections 25(1-b) (a), 26, 27, 35 of the Arms Act.

                                3. As per the prosecution case, the deceased, Kundan

                   Kumar is said to have received a phone call from the co-

                   accused, Shashi Bhushan asking him to come to his office. The

                   informant further alleged that she received information that her

                   husband had been shot. She has alleged that when she rushed to

                   the place of occurrence along with her family members, she saw

                   the named accused persons including the petitioner, all armed
Patna High Court CR. MISC. No.4762 of 2026(4) dt.09-04-2026
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          with firearms fleeing from the place of occurrence. It is further

          alleged that the co-accused, Neeraj Kumar while fleeing was

          shouting that he had killed the deceased and threatened to dire

          consequences.

                       4. Learned counsel for the petitioner submits that

          although the petitioner is named in the F.I.R. but from perusal of

          the F.I.R. it appears that there is no specific allegation of any

          assault or overt act or firing attributed against the petitioner

          rather there is specific allegation of firing is against co-accused

          persons, namely Nikesh Kumar and Niraj Kumar and apart from

          that the statement of co-accused persons have been recorded in

          which they have also stated that co-accused persons namely

          Nikesh Kumar and Niraj Kumar have fired upon the victim. He

          further submits that co-accused person namely Vijay Kuamr @

          Fantus has been granted bail by a Coordinate Bench of this

          Court vide order dated 17.01.2026 passed in Cr. Misc. No.

          65312 of 2025, another co-accused person, namely, Dharmendra

          Kumar @ Suresh Kumar has been granted bail by a Coordinate

          Bench of this Court vide order dated 17.01.2026 passed in Cr.

          Misc. No. 84087 of 2025. He further submits that the police

          after investigation submitted chargesheet against the petitioner

          and the petitioner is in custody since 17.07.2025.
Patna High Court CR. MISC. No.4762 of 2026(4) dt.09-04-2026
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                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner is named in the F.I.R.

          and apart from that the petitioner carries two more cases other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          one case and other case is pending for consideration before the

          competent court of law.

                       6. Considering the facts and circumstances of the case

          and the fact that there is no specific allegation of any assault or

          overt act or firing attributed against the petitioner and similarly

          situated co-accused persons have been granted bail by a

          Coordinate Bench of 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 Chief Judicial

          Magistrate, Hilsa, Nalanda in connection with Nagarnausa P.S.

          Case No. 140 of 2025, 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
               Patna High Court CR. MISC. No.4762 of 2026(4) dt.09-04-2026
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                         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

                         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


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