Patna High Court
Vishwakarma Gond @ Vishwakarma Kumar GondversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103, 3(5)
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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