Patna High Court
Kundan Kumar Chaubey @ Kundan ChaubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail may be granted in the present case despite the seriousness of the offences, on account of the prolonged pre‑trial detention and the fact that other co‑accused have been released on bail, subject to strict conditions.
Summary
The petitioners Kundan Kumar Chaubey and Vishal Singh applied for regular bail in a murder‑related case (Shikarpur P.S. Case No. 975 of 2022) involving offences under Sections 302, 307, 34, 120B of the IPC and Section 27 of the Arms Act. Their earlier bail plea had been rejected and they had been in custody since May 2023, with the trial still incomplete and only six of fourteen witnesses examined. The petitioners argued false implication and pointed out that other co‑accused had already been released on bail. The court, after considering the prolonged pre‑trial detention and the progress of the trial, granted regular bail subject to monetary sureties and conditions of regular police attendance and cooperation with the trial. Subsequently, the petitioners sought to withdraw the bail application, which the court permitted, resulting in the application being dismissed as withdrawn.
Issues considered
- Whether regular bail can be granted to an accused of murder, attempt to murder, conspiracy and arms offences after prolonged pre‑trial detention.
- Whether the progress of the trial and the fact that other co‑accused have been released on bail justify granting bail in the present case.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 307, 34
Subjects
- regular bail
- murder
- attempt to murder
- IPC
- Arms Act
- pre‑trial detention
- bail conditions
- withdrawal of 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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