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Patna High Court

Niru KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court granted regular bail subject to conditions, but upon the petitioner's request, the bail application was withdrawn and dismissed.

Summary

The petitioners Kundan Kumar Chaubey and Vishal Singh applied for regular bail in a murder‑conspiracy case (Shikarpur P.S. Case No. 975 of 2022) involving offences under IPC sections 302, 307, 34, 120B and Arms Act section 27. Their earlier bail plea had been rejected and they had been in custody since May 2023, with the trial still pending and only six of fourteen witnesses examined. The petitioners claimed false implication and pointed out that other co‑accused had been granted bail. The State opposed the bail. The court allowed regular bail on the condition of weekly police attendance and cooperation with the trial, requiring a bail bond of Rs.10,000 with two sureties. Subsequently, the petitioners sought to withdraw the bail application, permission was granted, and the application was dismissed as withdrawn.

Issues considered

  • Whether regular bail should be granted to an accused of murder and conspiracy under IPC and Arms Act given prolonged pre‑trial detention and trial delays.
  • Whether a bail application, once granted, can be withdrawn by the petitioner.

Legislation cited

Subjects

  • regular bail
  • murder
  • conspiracy
  • IPC
  • Arms Act
  • pre‑trial detention
  • trial delay
  • withdrawal of bail application

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.71527 of 2025
                  Arising Out of PS. Case No.-975 Year-2022 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Kundan Kumar Chaubey @ Kundan Chaubey S/O Rajesh Chaubey R/O
                 Bhasurari, Ward No.16, Police Station- Shikarpur, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                         with
                             CRIMINAL MISCELLANEOUS No. 72150 of 2025
                  Arising Out of PS. Case No.-975 Year-2022 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Vishal Singh @ Vishal Kumar Singh @ Abhishek Kumar S/o Rajan Singh R/o
                 Village - Hardiya Chowk, Ward No. 19, Police Station - Shikarpur, District -
                 West Champaran, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 71527 of 2025)
                 For the Petitioner/s     : Mr.Abu Nasar, Advocate
                 For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
                 (In CRIMINAL MISCELLANEOUS No. 72150 of 2025)
                 For the Petitioner/s     : Mr.Abu Nasar, Advocate
                 For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                 Ref.:- Cr. Misc. No. 71527/2025

                                 Heard the parties.

                               2. This is the second attempt of the petitioner for grant

                   of regular bail in connection Shikarpur P.S. Case No. 975 of

                   2022 registered for the offence under Sections 302, 307 read

                   with Section 34 and 120B of Indian Penal Code and Section 27
Patna High Court CR. MISC. No.71527 of 2025(3) dt.11-02-2026
                                            2/3




          of Arms Act. Earlier the bail application of the petitioner was

          rejected vide order dated 12.02.2025 passed in Cr. Misc. No.

          83623 of 2023.

                       3. As per the prosecution case, petitioner in

          connivance with other co-accused is accused of killing the son

          of the informant. The weapon with which the crime was

          committed has been recovered from the house of the petitioner.

          Petitioner is in custody since 20.05.2023 and has three criminal

          antecedents.

                       4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case.

          Learned counsel further submits that though the petitioner is in

          custody for about three years but the trial has not yet concluded

          and out of 14 only six witnesses have been examined. Learned

          counsel further submits that almost all the accused including the

          main accused have been granted bail by this Court.              The

          petitioner undertakes to co-operate in the case/ trial.

                       5. Learned APP for the State has opposed the prayer

          for regular bail of the petitioner.

                       6. Considering the aforesaid facts, this application for

          regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be
              Patna High Court CR. MISC. No.71527 of 2025(3) dt.11-02-2026
                                                          3/3




                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned C.J.M., West Champaran/concerned

                        Court below in connection with Shikarpur P.S. Case No.

                        975/2022 subject to the following conditions:-

                                            (i) The petitioner after being released on bail, is
                                    directed to mark his attendance at Shikarpur Police
                                    Station, District- West Champaran on every Sunday of the
                                    month. Any default in appearance at the Police Station
                                    will result in cancellation of bail bonds of the petitioner.
                                            (ii) the petitioner after being released on bail is
                                    directed to co-operate in the trial either by appearing
                                    personally or through his lawyer in the Trial Court on
                                    each and every date fixed by the trial Court. Non-
                                    compliance of the condition will result in cancellation of
                                    the bail bonds of the petitioner.
                                     Ref.:-Cr. Misc. No. 72150/2025
                                     8. After some arguments, learned counsel for the

                        petitioner seeks permission to withdraw this application.

                                     9. Permission is accorded.

                                     10. Accordingly, this application stands dismissed as

                        withdrawn.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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