Patna High Court
Chunchun Kumar Sah @ Chunchun SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court allowed the bail petition, granting bail to the petitioner subject to conditions under Section 482(2) of the B.N.S. Act, 2023.
Summary
The petitioner, Chunchun Kumar Sah, was implicated in a case involving murder and related offences under the Bihar Narcotic Substances (B.N.S.) Act, 2023 and the Arms Act. He alleged that he had no active role and that the main accusations were against co‑accused Shambhu Kumar and Alok Kumar, with no overt act attributed to him. The petitioner had not previously applied for anticipatory or regular bail, though he was accused in another case. The State opposed bail, but the court noted the absence of any specific allegation of an overt act by the petitioner. Consequently, the court granted bail, subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S. Act, 2023, including cancellation if undisclosed criminal antecedents are discovered.
Issues considered
- Whether bail can be granted when no overt act is alleged against the petitioner under the B.N.S. Act, 2023.
- Whether Section 482(2) of the B.N.S. Act, 2023 permits the grant of bail in the present circumstances.
- Effect of the petitioner’s involvement in another pending case on the bail application.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109(1), 115(2), 126(2), 3(5), 351(1), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- Section 482
- B.N.S. Act 2023
- Arms Act
- murder
- property dispute
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77299 of 2025
Arising Out of PS. Case No.-187 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Chunchun Kumar Sah @ Chunchun Sah, S/o Ram Pukar Sah, R/o vill -
Sahebpur Kamal, P.S - Sahebpur Kamal,Dist- Begusarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Pritish Kumar Lal, Advocate
For the State : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
5 24-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Sahebpur-Kamal P.S. Case No.187 of 2025,
dated.25.06.2025, registered for the offences punishable under
sections 126(2), 115(2), 352, 351(1), 351(2), 109(1) and 3(5) of
the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per allegation, the Petitioner along with the
other co-accused came to the house of the Informant and started
abusing and on protest, the co-accused, Shambhu Kumar
prompted Alok Kumar to kill him. It is further alleged that the
co-accused Alok Kumar and Shambhu Kumar each fired at the
Informant causing injury to the right side of his chest and
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consequently, he fell down.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that the Informant and all the other co-
accused are blood brothers and altercation took place on account
of property dispute. He further submits that the Petitioner has no
active role in the alleged offence. The main allegation is against
the co-accused, Shambhu Kumar and Alok Kumar. There is no
allegation of any overt act against the Petitioner.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has been made accused in one
other case.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the fact that there is no allegation of
any overt act against the Petitioner, this petition is allowed,
directing the petitioner, above-named, to be enlarged on bail, in
the event of his arrest or surrender before the court below within
a period of eight weeks from the date of receipt / production of a
Patna High Court CR. MISC. No.77299 of 2025(5) dt.24-02-2026
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copy of this order, on his furnishing bail bonds in the sum of Rs.
10,000 /- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned concerned Court below, in
connection with Sahebpur-Kamal P.S. Case No.187 of 2025,
subject to the conditions as laid down under Section 482 (2) of
the B.N.S.S, 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, other
than the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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