Patna High Court

KUNDAN KUMAR @ ARYANversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Kundan Kumar, was arrested in connection with a shooting incident on 21‑12‑2024 that resulted in two deaths. He was not named in the FIR; his alleged involvement stemmed solely from a confessional statement of co‑accused Ankit Kumar Gupta, who had already been granted bail. The petitioner, who has no prior criminal record and has been in custody since 19‑07‑2025, applied for bail under several sections of the B.N.S. and Section 27 of the Arms Act. The State opposed the bail, but the court considered the petitioner’s clean antecedents, the lack of his name in the FIR, and the general nature of the accusations. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, directing release subject to the satisfaction of the Additional Chief Judicial Magistrate‑I, Danapur.

Issues considered

Whether bail can be granted to the petitioner despite the FIR not naming him and the charges under Sections 103, 111(2), 111(3), 61(2), 3(5) of the B.N.S. and Section 27 of the Arms Act.
Whether the petitioner’s clean antecedents and the reliance on a co‑accused’s confessional statement justify bail.

Legislation cited

Arms Act — s. 27
B.N.S. — s. 103, 111(2), 111(3), 3(5), 61(2)

Subjects

bail
criminal procedure
B.N.S. sections
Arms Act
clean antecedents
confessional statement
co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.8 of 2026

                       Arising Out of PS. Case No.-1284 Year-2024 Thana- DANAPUR District- Patna
                 ======================================================
                 KUNDAN KUMAR @ ARYAN Son of Tapeshwar Paswan Resident of
                 Mohalla - Shanti Nagar, Chitrakut Nagar, Gabhtal, Takiyapar, Police Station -
                 Danapur, District - Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Dhananjay Kumar Tiwary, Advocate
                 For the State           :        Dr. Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103, 111(2), 111(3), 61(2)

                   and 3(5) of the B.N.S. and Section 27 of the Arms Act.

                                3. As per prosecution case, on 21.12.2024, when the

                   informant along with her husband had gone to attend a funeral,

                   in the meantime, some unknown miscreants came and made

                   indiscriminate firing due to which husband of informant died on

                   the spot. It is further alleged that when one Vikash Kumar came

                   to rescue, he was also shot dead.
Patna High Court CR. MISC. No.8 of 2026(2) dt.13-02-2026
                                             2/3




                  4. It is submitted by learned counsel for the petitioner that

          petitioner is quite innocent and has committed no offence.

          Petitioner is not named in the F.I.R. Name of the petitioner

          surfaced in this case on the basis of confessional statement of

          co-accused Ankit Kumar Gupta, who has already been granted

          bail by this Hon’ble Court vide order dated 19.12.2025 passed

          in Cr. Misc. No. 73126 of 2025. Moreover, charge-sheet has

          already been submitted and petitioner, having no criminal

          antecedents, is in custody since 19.07.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity, clean antecedents of the petitioner and period of custody,

          the prayer for grant bail of to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner 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 learned Additional Chief Judicial Magistrate-I,

          Danapur, in connection with Danapur P.S. Case No. 1284 of
             Patna High Court CR. MISC. No.8 of 2026(2) dt.13-02-2026
                                                          3/3




                       2024.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T

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