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Patna High Court

Kundan Kumar @ Dipak KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Kundan Kumar, was arrested in connection with a murder case (Sections 103(1), 61(2) IPC and Section 27 Arms Act) after a co‑accused’s confessional statement implicated him, although his name does not appear in the FIR. He has been in judicial custody since 18‑08‑2025 and seeks regular bail, arguing innocence and that similar co‑accused have already been granted bail. The State opposed bail, highlighting the petitioner’s seven prior criminal cases. The Court examined the lack of direct evidence against the petitioner and the precedent of bail to co‑accused, and considered the petitioner’s right to liberty versus the seriousness of the charges. Concluding that the petitioner’s continued detention was not justified, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation and weekly police‑station attendance.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being implicated only through a co‑accused’s confessional statement.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
  • Whether the seriousness of the offences (IPC Sections 103(1), 61(2) and Arms Act Section 27) warrants denial of bail.

Legislation cited

Subjects

  • regular bail
  • murder
  • confessional statement
  • criminal antecedents
  • IPC
  • Arms Act
  • judicial custody
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4868 of 2026
                     Arising Out of PS. Case No.-277 Year-2025 Thana- RANIYATALAB District- Patna
                 ======================================================
                 Kundan Kumar @ Dipak Kumar S/o Bijendra Singh R/o vill- Kab, P.s.-
                 Ranitalab, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Samrendra Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   03-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103 (1), 61

                   (2) of the Indian Penal Code and Section 27 of the Arms Act.

                                3.     The case of the prosecution is that while the

                   informant was about 50 meters away from his father, he heard

                   the sound of firing and when he went near his father, he found

                   that his father had received bullet injury and had fallen down.

                   Thereafter, the informant raised an alarm and saw 3-4 persons

                   fleeing towards canal. The informant then took his father to

                   hospital, where he declared dead. It is further alleged that the

                   deceased used to say that one Anjani Kumar and Parwin Kumar

                   were hatching a conspiracy to commit his murder.
Patna High Court CR. MISC. No.4868 of 2026(2) dt.03-02-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that the

          petitioner is not named in the FIR. His name has surfaced during

          the course of investigation on the basis of the confessional

          statement of Divyanshu Kumar                  @ Anshu Singh @ Anshu

          Kumar. Save and except the confessional statement of            co-

          accused, nothing has come against this petitioner to implicate

          him. It is further submitted that co-accused persons, namely,

          Divyanshu Kumar             @ Anshu Singh @ Anshu Kumar and

          Jitendra Kumar @ Jitendra Singh have been extended the

          privilege of bail vide order dated 13.01.2026 passed in Cr. Misc.

          Nos. 86057 of 2025 and 76261 of 2025 by a co-ordinate Bench

          of this Court. The case of the petitioner stands on similar

          footing. Moreover, the petitioner is languishing in judicial

          custody since 18.08.2025.

                       5. Learned APP appearing for the state has opposed

          the prayer of regular bail stating that the petitioner has seven

          criminal antecedents.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on
            Patna High Court CR. MISC. No.4868 of 2026(2) dt.03-02-2026
                                                        3/3




                      bail in connection with Ranitalab P.S. Case No. 277 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      JMFC, Danapur, subject to the condition that the petitioner shall

                      cooperate in the trial and shall mark his attendance at concerned

                      police station weekly, failing which the learned Magistrate will

                      be at liberty to pass appropriate orders.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U


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