Patna High Court
Kumod Kumar @ Rajeev Kumar Yadav @ Kumod YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner.
Summary
The petitioner, Kumod Kumar, was charged under Sections 302 and 120(B) of the Indian Penal Code and several provisions of the Arms Act for allegedly firing at the elder son of an informant, resulting in death. The prosecution alleged his participation in the shooting, while the petitioner contended that he was falsely implicated, no incriminating material was found on him, and the allegations were vague and omnibus. He has been in custody since 9 July 2025 and possesses five prior criminal convictions, whereas co‑accused have already been granted regular bail. The State opposed the bail application, but the court considered the lack of specific evidence, the petitioner’s claim of innocence, and the period of custody already served. Consequently, the court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount. The order was pronounced by Justice Rudra Prakash Mishra of the Patna High Court.
Issues considered
- Whether bail should be granted to the petitioner accused of murder, conspiracy and offences under the Arms Act given the nature of the allegations and his criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26(1), 27(1), 35
- Indian Penal Code — s. 120(B), 302
Subjects
- bail
- murder
- conspiracy
- Arms Act
- Indian Penal Code
- criminal antecedents
- anticipatory bail
- regular bail
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76268 of 2025
Arising Out of PS. Case No.-364 Year-2023 Thana- GOGRI District- Khagaria
======================================================
Kumod Kumar @ Rajeev Kumar Yadav @ Kumod Yadav S/o Rambilas
Yadav R/O Village- Usri, P.S.- Gogri, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard Mr. Vivekanand Singh, learned counsel for
the petitioner, Mr. Choubey Jawahar, learned APP for the State
and perused the case diary.
2. The petitioner seeks bail in connection with Gogri
P.S. Case No. 364 of 2023, instituted for the offences punishable
under Sections 302, 120(B) of the Indian Penal Code, read with
Sections 25(1-B)(a), 26(1), 27(1) and 35 of the Arms Act.
3. Earlier, anticipatory of the petitioner has been
rejected by this Court vide order dated 27.09.2024 passed in Cr.
Misc. No. 35406 of 2024.
3. The prosecution case, in short, is that the petitioner
along with other co-accused persons made firing upon the elder
son of the informant due to which the deceased sustained
Patna High Court CR. MISC. No.76268 of 2025(3) dt.06-02-2026
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gunshot injury on his left chest and he died at the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
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 not specific rather the same is general and omnibus in nature.
It is next submitted that two unknown person have made firing
upon the deceased. The petitioner is in custody since 09.07.2025
and has got five criminal antecedents. Learned counsel for the
petitioner further submitted that other co-accused have been
granted regular bail by this Court vide order dated 02.07.2025
passed in Cr. Misc. No. 19491 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.76268 of 2025(3) dt.06-02-2026
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Gogri P.S. Case No.
364 of 2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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