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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court upheld its earlier order and denied bail to the petitioner.

Summary

The petitioner, Kundan Kumar, was charged under Sections 302/34 of the IPC and Sections 25(1‑Ba), 26, 27 and 35 of the Arms Act for allegedly firing indiscriminately and causing a death. He applied for regular bail for the second time after an earlier bail denial on 18‑09‑2024. The court noted that the trial is ongoing, four of six witnesses have already been examined, and the petitioner has prior criminal antecedents. Relying on the Supreme Court’s decision in X v. State of Rajasthan (2024 SCC OnLine SC 3539), the court refused to revisit its earlier order and dismissed the bail application. The Superintendent of Police was directed to ensure the presence of witnesses in the trial.

Issues considered

  • Whether regular bail should be granted to an accused charged with murder and multiple offences under the Arms Act, considering the seriousness of the offence, prior criminal antecedents, and the status of the trial.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • criminal antecedents
  • trial proceedings
  • witness protection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.60863 of 2025
                      Arising Out of PS. Case No.-83 Year-2024 Thana- SURSAND District- Sitamarhi
                 ======================================================
                 Kundan Kumar Son of Kishori Singh R/O Vill.- Adkhani, P.s.- Parihar, Dist.-
                 Sitamarhi.
                                                                           ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. P.N. Shahi, Senior Advocate
                                                     Mr. Amit Anand, Advocate
                 For the State             :         Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   10-02-2026                        Heard learned Senior Counsel for the petitioner and

                   learned APP for the State.

                                      2.       This is the second attempt on behalf of the

                   petitioner for grant of regular bail in connection with Sursand

                   P.S. Case No. 83 of 2024 registered for the offence under

                   sections 302/34 of the I.P.C. read with Sections 25(1-B)a, 26, 27

                   and 35 of the Arms Act.

                                      3.       Earlier, the bail of the petitioner was rejected

                   by this Court vide order dated 18.09.2024 passed in Criminal

                   Miscellaneous No.36660 of 2024 with Criminal Miscellaneous

                   No.37974 of 2024. The aforesaid order dated 18.09.2024 reads

                   as under:-

                                               “Heard    learned    counsel    for     the
                                      petitioners and learned A.P.P. for the State.
                                               2. The petitioners seek regular bail in
Patna High Court CR. MISC. No.60863 of 2025(3) dt.10-02-2026
                                            2/3




                          connection with Sursand P.S. Case No. 83 of
                          2024, lodged under Sections 302/34 of the
                          I.P.C. read with Sections 25(1-B)a, 26, 27 and
                          35 of the Arms Act.
                                  3. As per the prosecution case, due to
                          earlier dispute, the petitioners and others are
                          said to have fired indiscriminately upon the
                          deceased, who is none other than wife of the
                          informant.
                                  4. Learned counsel for the petitioners
                          submits that the petitioners are innocent and
                          have committed no offence. The petitioners are
                          in custody since 16.02.2024. The names of the
                          petitioners have figured in this case due to
                          previous enmity. The petitioner of Cr. Misc. No.
                          36660 of 2024 has two criminal antecedents
                          and the petitioner of Cr. Misc. No. 37974 of
                          2024 has one criminal antecedent.
                                  5. Learned A.P.P. for the State opposes
                          the prayer for bail and submits that there are
                          criminal antecedents of the petitioners.
                                  6. Considering the fact that one person
                          has been killed by the petitioners and others, I
                          am not inclined to grant bail to the petitioners
                          and therefore, the present bail applications are
                          hereby rejected.”


                          4.      It has fairly been submitted by learned

          Senior Counsel for the petitioner that out of six witnesses, four

          witnesses have been examined in the trial.

                          5.      Considering the fact that the trial is

          proceeding and also the laid down down by the Hon’ble
              Patna High Court CR. MISC. No.60863 of 2025(3) dt.10-02-2026
                                                          3/3




                        Supreme Court in the case of X vs. State of Rajasthan & Anr.

                        reported as 2024 SCC OnLine SC 3539, I am not inclined to

                        review my earlier order dated 18.09.2024. Accordingly, this bail

                        application is dismissed.

                                        6.      The Superintendent of Police, Sitamarhi is

                        directed to ensure the presence of witnesses in the trial.

                                        7.      Let a copy of this order be communicated to

                        the Superintendent of Police, Sitamarhi forthwith through FAX

                        or e-mail for its compliance.


                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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