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Patna High Court

Vishwakarma Gond @ Vishwakarma Kumar GondversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was denied as the petitioner was not entitled to the privilege of bail.

Summary

The petitioner, Vishwakarma Gond, applied for bail in a case registered under Sections 103 and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act, relating to the murder of Chandan Kumar. The FIR alleges that three unknown criminals shot the deceased near Barpaliya Primary School. The petitioner’s counsel argued that he is not named in the FIR and that only a confessional statement in another case implicates him. The State’s counsel countered that the petitioner has eleven prior criminal cases, has confessed his guilt, and that call‑detail records place his mobile near the crime scene. After considering the evidence and the seriousness of the offence, the court held that the petitioner does not merit the privilege of bail and rejected the application.

Issues considered

  • Whether the petitioner is entitled to bail in a murder case under Sections 103, 3(5) of the BNS Act and Section 27 of the Arms Act given the evidence of his involvement.

Legislation cited

Subjects

  • bail
  • murder
  • criminal antecedents
  • confessional statement
  • call detail records
  • Arms Act
  • Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54892 of 2025
                       Arising Out of PS. Case No.-322 Year-2024 Thana- GUTHANI District- Siwan
                 ======================================================
                 Vishwakarma Gond @ Vishwakarma Kumar Gond S/o Akshaylal Gond @
                 Acchelal Gond Resident of village - Sarna, PS- Darauli, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ayush Kumar, Adv.
                 For the Opposite Party/s :       Mr. J.N. Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   12-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Guthani P.S. Case No. 322 of 2024 registered for the offence

                   punishable under Sections-103, 3(5) of the BNS and 27 of the

                   Arms Act.

                                3. According to the FIR, the prosecution's case in brief

                   is that the informant's wife and daughter had gone to Gorakhpur

                   Hospital for treatment and on their way back, they informed the

                   informant via phone to bring the informant's wife home from

                   Guthni intersection. Upon receiving the information, the

                   informant's son Chandan Kumar went to Guthni intersection on

                   his bike and on his way back home, Chandan Kumar (24 years
            Patna High Court CR. MISC. No.54892 of 2025(5) dt.12-01-2026
                                                        2/2




                      old) was shot dead by some unknown criminals near Barpaliya

                      Primary School on 13.11.2024 at 08:45 pm. Three criminals

                      were riding on two bikes who overtook the informant's bike and

                      shot him and after shooting, they fled towards Darauli.

                                   4. Learned counsel for the petitioner has submitted

                      that the petitioner is not named in the FIR and except

                      confessional statement in another case, there is nothing against

                      the petitioner.

                                   5. On the other hand, learned counsel for the

                      informant has submitted that the petitioner has 11 criminal

                      antecedents including this case. The petitioner has confessed his

                      guilt giving a vivid description of the entire occurrence. C.D.R.

                      shows that there were conversations between the deceased and

                      the co-accused persons on the date of occurrence and the tower

                      location of mobile set of the petitioner was near the place of

                      occurrence.

                                   6. Considering the aforesaid facts and circumstances,

                      the petitioner does not deserve the privilege of bail and

                      accordingly, the same is rejected.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-
U       T


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