Patna High Court
Arnav Kumar @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted pre‑arrest bail to the petitioner.
Summary
The petitioner, Arnav Kumar (alias Suraj Kumar), sought pre‑arrest bail in a case arising from a shooting at a marriage hall that resulted in two deaths. The prosecution alleged offences under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, based primarily on the confessional statement of co‑accused Subham Singh. The petitioner contended that he was never named in the FIR and that no direct or indirect evidence, apart from the confessional statement, linked him to the crime. The State opposed the bail, arguing the seriousness of the offences. The Court, noting the lack of substantive evidence against the petitioner and the grant of anticipatory bail to a similarly situated co‑accused, allowed the petition for bail subject to a bond of Rs.10,000 and two sureties, invoking Section 482 of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the offences
- Whether the confessional statement of a co‑accused alone suffices to justify arrest
- Whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita permits the grant of bail in the present circumstances
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- pre‑arrest bail
- anticipatory bail
- confessional statement
- arms act
- murder
- criminal procedure
- evidentiary insufficiency
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7270 of 2026
Arising Out of PS. Case No.-220 Year-2024 Thana- KHAGAUL District- Patna
======================================================
Arnav Kumar @ Suraj Kumar S/o- Praveen Kumar R/v- 256, Ram Jaypal
Nagar Adhivakta Colony, Near Dental College, Danapur Ps- Rupaspur Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Sections 103(1), 61(2) and 3(5) of
the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per prosecution case, on 13-07-2024, quarrel
took place between Golden Kumar Singh and Satyendra Kumar
with the co-accused Vicky Kumar Yadav and Shubham Singh in
a marriage hall during a marriage ceremony and said co-accused
threatened and left the said marriage hall. They again returned
with some others and both of them fired upon the Golden
Kumar Singh and Satyendra Kumar. Their friends also did
firing. Due to bullet injuries Golden Kumar Singh and
Satyendra Kumar died on the spot.
Patna High Court CR. MISC. No.7270 of 2026(2) dt.11-02-2026
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4. It is submitted on behalf of the petitioner that this
petitioner is innocent and has falsely been implicated in this
case. Petitioner is not named in the F.I.R. and his name has
come in this case during course of investigation on the basis of
confessional statement of co-accused Subham Singh. Specific
allegation of firing is against co-accused Vicky Kumar and
Subham Singh. Learned counsel submits that save and except
confessional statement, there is no other direct or indirect
evidence against the petitioner to show his complicity in the
occurrence. Similarly situated co-accused, namely, Niraj Kumar
has already been granted anticipatory bail by this Court vide
order dated 15.01.2026 passed in Cr. Misc. No. 49923 of 2025.
5. Learned counsel for the State opposes the prayer
for pre-arrest bail.
6. Considering the aforesaid facts of the case, prayer
for bail of this petitioner is allowed. In the event of
arrest/surrender within eight weeks from today, let this
petitioner, mentioned above, 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 Additional Chief Judicial
Magistrate V, Danapur, Patna in Khagaul Police Station Case
No. 220 of 2024, subject to the conditions laid down under
Patna High Court CR. MISC. No.7270 of 2026(2) dt.11-02-2026
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section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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