Patna High Court
Chunchun Kumar @ Satyajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Chunchun Kumar, was charged under Sections 127(1), 308(4), 109, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly firing a gun at the informant's son, causing chest injuries. The petitioner claimed innocence, arguing that no weapon or incriminating material was found in his possession and that the allegations were vague; he also highlighted that a co‑accused had been granted bail in a related case. The State opposed bail, emphasizing the specific allegation of a gunshot injury and the petitioner's eighteen prior criminal convictions. The Court considered the seriousness of the offence, the petitioner’s extensive criminal antecedents, and the nature of the accusation, and concluded that bail could not be justified. Consequently, the bail application was rejected and the trial court was directed to expedite the trial.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences, the alleged use of a firearm, and his extensive criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 127(1), 308(4), 3(5), 351(2)
Subjects
- bail
- criminal antecedents
- firearms
- violent offence
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65078 of 2025
Arising Out of PS. Case No.-11 Year-2025 Thana- FCI District- Begusarai
======================================================
Chunchun Kumar @ Satyajeet Kumar S/O Parmanand Singh Resident of
Bihat Tola- Khemkaranpur, P.S- F.C.I. (Erstwhile Barauni), District-
Begusarai (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabish Kumar, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
For the Informant : Mr. Rahul Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with F.C.I.
P.S. Case No. 11 of 2025, instituted for the offences punishable
under Sections 127(1), 308(4), 109, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita, 2023, read with Section 27 of the
Arms Act.
3. The prosecution case, in short, is that the petitioner
has fired at the son of the informant hitting him on the left side
of his chest due to which he sustained injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.65078 of 2025(3) dt.02-02-2026
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present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the allegation levelled against the petitioner
is general and omnibus in nature. No any weapon has been
recovered from the possession of the petitioner. The petitioner is
in custody since 28.02.2025 and has got eighteen criminal
antecedents. Learned counsel for the petitioner further submitted
that other co-accused has been granted regular bail by this Court
vide order dated 09.10.2025 passed in Cr. Misc. No. 70985 of
2025.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner. It is also submitted that there is specific
allegation of firing gunshot which hit left side of the chest of
informant’s son. It is further submitted that the petitioner bears
eighteen criminal antecedents. Hence, the petitioner does not
deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances
of the case, criminal antecedents, nature of accusation and the
gravity of the offence, this Court is not inclined to grant bail to
the petitioner.
Patna High Court CR. MISC. No.65078 of 2025(3) dt.02-02-2026
3/3
7. The prayer is rejected. The trial Court is directed to
expedite the Trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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