Patna High Court

Pradip Kumar @ Pradeep KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Pradip Kumar, was charged under multiple sections of the Bihar Non-Compete Statute (BNS) and Section 27 of the Arms Act for the alleged murder of a 16‑year‑old boy. The incident involved an attempted motorcycle snatch, during which the boy was shot in the head. The petitioner claims he was falsely implicated and that the actual shooter was co‑accused Gurudev, who had a motive due to the victim's illicit relationship with Gurudev's wife. The State argued that the petitioner had a role in bringing the victim to the scene and restraining him. After hearing both sides, the court considered the lack of motive for the petitioner, his clean antecedents, and the evidence pointing to Gurudev, and consequently granted regular bail on a bond of Rs.10,000 with two sureties, subject to cooperation with the trial.

Issues considered

Whether the petitioner is entitled to regular bail despite the seriousness of the offences charged.
Whether the evidence establishes the petitioner's participation in the murder or merely a peripheral role.
Whether the absence of a motive for the petitioner justifies bail.

Legislation cited

Arms Act — s. 27

Subjects

bail
murder
firearms
motive
criminal procedure
Bihar
arms act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53138 of 2025
                      Arising Out of PS. Case No.-33 Year-2025 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Pradip Kumar @ Pradeep Kumar S/O Yogendra Yadav Resident of village -
                 Sukmarpur, Police Station - Kishanpur, District - Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Arun.
                 For the State           :        Mr.J.N. Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   08-01-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail

                   in connection with Kishanpur P.S. Case No. 33 of 2025,

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109, 118(2), 309(5), 61(2), 3(5) of the BNS and 27 of

                   Arms Act. Later on, Section 103(1) of BNS was added.

                                    3. On 25.02.2025 at about 10:00 PM, the

                   informant’s 16-year-old son was returning from a wedding

                   ceremony. In the way, three accused persons attempted to snatch

                   his motorcycle. During the incident, the accused restrained him

                   and one of them fired gunshot at his left temple, causing serious

                   injury. The informant alleges that the accused persons including
Patna High Court CR. MISC. No.53138 of 2025(5) dt.08-01-2026
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          the petitioner, in a pre-planned manner, committed murder of his

          son.

                       4. The learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated.

          During investigation, it has come to light that the deceased had

          illicit relationship with the wife of co-accused Gurudev, and co-

          accused Gurudev shot the deceased dead. The only allegation

          against the petitioner is that he caught hold of the deceased. He

          has submitted further that there is no motive for the petitioner to

          kill the deceased. The motive is assigned to co-accused

          Gurudev. The petitioner is under custody since 12-03-2025 and

          he is a person of clean antecedent.

                       5. On the other hand, the learned APP for the State has

          opposed the prayer for bail by submitting that the petitioner

          brought the deceased to the place of occurrence and caught hold

          of the deceased.

                       6. The FIR itself shows that the deceased had illicit

          relations with the wife of Gurudev. The petitioner is under

          custody since 12-03-2025 and he is a person of clean

          antecedent.

                         7. Considering the above-mentioned facts and

          circumstances, let the petitioner above-named be released on
           Patna High Court CR. MISC. No.53138 of 2025(5) dt.08-01-2026
                                                       3/3




                     bail on furnishing bail bonds of Rs.10,000/- with two sureties

                     of the like amount each to the satisfaction of learned Chief

                     Judicial Magistrate, Supaul in connection with Kishanpur P.S.

                     Case No. 33 of 2025, subject to the condition that the petitioner

                     shall cooperate in the disposal of trial and make himself

                     available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T

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