Patna High Court
Chunchun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Chunchun Kumar was arrested on 29-04-2025 in connection with an FIR dated 28-04-2025 alleging his involvement in a murder and offences under the Bharatiya Nyay Sanhita, 2023 and the Arms Act. The prosecution’s case rests mainly on a self‑confessional statement recorded by police, which the petitioner contends has no evidentiary value and that he was falsely implicated. The petitioner argued that he has a clean antecedent and that no other material links him to the crime. The court noted that the petitioner’s name was not originally in the FIR and that the charge is based solely on the confessional statement. Considering the lack of substantive evidence and the petitioner’s clean record, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the charges and the evidentiary basis.
- Whether a self‑confessional statement recorded by police can alone justify continued detention.
- Whether the petitioner’s name, not originally in the FIR, can be the basis for a charge.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- confessional statement
- Arms Act
- Bharatiya Nyay Sanhita
- false implication
- criminal antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76431 of 2025
Arising Out of PS. Case No.-136 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Chunchun Kumar S/O Amirka Mahto @ Amir Mahto Resident of Village-
Jahangira Shobhani, P.S- Gangour, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bambam Kumar, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Bambam Kumar, learned counsel for
the petitioner as well as Ms. Shaheen Begum, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.04.2025 in connection with Khagaria (Gangour) P.S. Case
No. 136 of 2025, F.I.R. dated 28.04.2025 for the offences
punishable under Sections 103(1), 3(5) of the Bharatiya Nyay
Sanhita, 2023 and Section 27 of the Arms Act.
3. According to prosecution case, the informant
alleged that the petitioner along with other co-accused persons
killed his son by gunshot.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The petitioner is not named in the
Patna High Court CR. MISC. No.76431 of 2025(3) dt.21-01-2026
2/3
FIR and his name transpired during investigation on the basis
self-confessional statement of the petitioner and except the
aforesaid, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. From bare perusal of the self-
confessional statement of the petitioner which was recorded in
the case diary, it appears that co-accused persons, namely, Vikas
Kumar and Rishabh Kumar and the petitioner was present at the
place of occurrence. He further submits that confessional
statement before the police has no evidentiary value and police
after investigation submitted the charge sheet and the petitioner
is in custody since 29.04.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner is not named in the FIR and his named transpired on
the basis of his confessional statement, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned C.J.M., Khagaria in
connection with Khagaria (Gangour) P.S. Case No. 136 of 2025,
subject to the following conditions:-
Patna High Court CR. MISC. No.76431 of 2025(3) dt.21-01-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…