Patna High Court
Jag Mohan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1-b)(a), 26, 27, 35
- B.N.S., 2023 — s. 103(1), 61(2)
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
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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.
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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
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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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