Patna High Court
Karan Kumar @ Karan TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Karan Kumar, was arrested in connection with a murder (IPC Sections 302 & 34) and an offence under Section 27 of the Arms Act. The deceased, Pintu Das, was shot by unknown assailants, and the petitioner’s name surfaced only through confessional statements of co‑accused, not in the FIR, with no material recovered from him. He has been in custody since 21‑May‑2025 and possesses two prior criminal antecedents. The petitioner argued false implication and parity with a co‑accused who had already been granted bail. The State opposed bail, citing the seriousness of the offences. The Court, considering the lack of direct evidence, the petitioner’s custody period, and parity, granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a murder and arms‑act case where the only evidence is confessional statements of co‑accused.
- Whether the petitioner’s prior criminal antecedents preclude bail.
- Whether parity with a co‑accused who obtained bail warrants granting bail to the petitioner.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- criminal antecedents
- confessional statements
- parity
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85787 of 2025
Arising Out of PS. Case No.-262 Year-2023 Thana- SULTANGANJ District- Bhagalpur
======================================================
Karan Kumar @ Karan Tanti Son of Late Sunil Tanti R/o village- Abjuganj,
Ps- Sultanganj, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with S.T.
No. 595 of 2025, arising out of Sultanganj P.S. Case No. 262 of
2023 instituted for the offence under Sections 302 & 34 of the
Indian Penal Code and Section 27 of the Arms Act.
3. As per the F.I.R., the Pintu Das (deceased), a
Scorpio driver, was shot dead at Abjuganj Chowk in the night by
three unknown persons who had earlier followed a co-villager to
whom he had offered a lift. The informant, father of the
deceased, was informed by the driver’s son, and the deceased
was declared brought dead at Sultanganj Hospital.
4. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.85787 of 2025(4) dt.20-02-2026
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that the petitioner is in custody since 21.05.2025. Petitioner
bears two (2) criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused, namely, Shanku Sah and Laxmi Devi. Nothing has
been recovered from the conscious possession of the petitioner.
Petitioner was not even put on T.I. Parade to ascertain his
complicity in the alleged occurrence. Save and except,
confessional statement, there is no material against the
petitioner. Charge sheet has already been submitted in this case.
Other co-accused has been granted bail by a Co-ordinate Bench
of this Court vide order dated 27.01.2025, passed in Cr. Misc.
No. 35185 of 2024.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and claim based
on parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.85787 of 2025(4) dt.20-02-2026
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bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with S.T. No. 595 of
2025, arising out of Sultanganj P.S. Case No. 262 of 2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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