Patna High Court
Kundan Kishore Singh @ Kundan Kishore KundenduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Kundan Kishore Singh, was implicated in an FIR alleging murder under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act, stemming from a shooting incident on 12-10-2023. He contended that he was falsely implicated due to a land dispute and that the FIR only specifically accused other co‑accused of the shooting, while he was merely alleged to be a member of the unlawful assembly without any specific overt act. The State and the informant opposed his prayer for anticipatory bail. The Court examined the general and omnibus nature of the accusation and the lack of a specific allegation against the petitioner, and consequently allowed the prayer for anticipatory bail with a bail bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the CrPC. The order directs that if arrested within eight weeks, the petitioner be released on bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioner given the general nature of the accusations under Sections 302, 34 IPC and Section 27 Arms Act.
- Whether the petitioner’s alleged participation as a member of an unlawful assembly, without specific allegation of an overt act, warrants denial of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- unlawful assembly
- IPC
- Arms Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5697 of 2026
Arising Out of PS. Case No.-256 Year-2023 Thana- SINDHIYA District- Samastipur
======================================================
Kundan Kishore Singh @ Kundan Kishore Kundendu S/o- Late Lalit Prasad
Singh Village- Basudewa Sanhauli Ward No- 9 PS-Singhia Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Choudhary Shyam Nandan, Advocate
For the State : Mr. Mohammed Arif, APP
For the Informant : Mr. Manoj Kumar Singh, Advocate
Ms. Sweta Suman, Advocate
Mr. Prabhat Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 302 and 34
of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, on 12.10.2023, all the
F.I.R. named accused persons, including this petitioner, along
with two other unknown persons, came and fired upon father of
informant due to which, during course of treatment, he died.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.5697 of 2026(2) dt.11-02-2026
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behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, on account of long
standing land dispute between the parties, petitioner has falsely
been implicated in this case. From bare perusal of the F.I.R., it is
apparent that specific accusation of firing upon father of
informant is against co-accused Kalyan Kishore and Kaushal
Kishor. So far as this petitioner is concerned, he is only alleged
to be member of the unlawful assembly and no specific
accusation of overt act has been alleged against him.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M., Rosera, District-
Samastipur in connection with Singhiya P.S. Case No. 256 of
2023, subject to condition as laid down under Section 482(2) of
Patna High Court CR. MISC. No.5697 of 2026(2) dt.11-02-2026
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the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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