Patna High Court

Kunal SinghversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Kunal Singh applied for bail in a case registered under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act, alleging that he was falsely implicated in a murder and conspiracy. The prosecution alleged that Singh conspired with two others to fire at the informant’s son, who later died, and pointed to Singh’s alleged involvement in an AK‑47 possession. The petitioner contended his innocence, highlighted that only two persons were specifically charged, and relied on prior bail orders granted to co‑accused in similar cases. The State opposed bail, citing Singh’s criminal antecedent of fifteen pending cases. After hearing both sides, the court found insufficient ground to deny bail and ordered Singh’s release on a bond of Rs. 10,000 with two sureties and conditions of cooperation and weekly attendance.

Issues considered

Whether bail should be granted to an accused in a murder, conspiracy and arms possession case.
Whether the petitioner’s prior criminal antecedents justify denial of bail.
Whether the petitioner’s alleged role is limited to conspiracy warranting bail similar to co‑accused.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 120(B), 302

Subjects

bail
murder
criminal conspiracy
arms act
judicial custody
Indian Penal Code
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8708 of 2026
                   Arising Out of PS. Case No.-301 Year-2023 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Kunal Singh, Son of Asarfi Singh, Resident of Village- Kuriya, PS-
                 Piprakothi, Dist- East Champaran
                                                                      ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Chakia P.S. Case No. 301 of 2023 registered for the offence

                   punishable under Sections 302 and 120(B) of the Indian Penal

                   Code and Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that accused

                   Pushkar Singh and Rupesh Singh have fired at the son of the

                   informant due to which he died. While the son of the informant

                   was being rushed to the hospital, he disclosed that on his input the

                   petitioner was apprehended in a case of A.K. 47 and he may have

                   conspired the occurrence.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. It has further
             Patna High Court CR. MISC. No.8708 of 2026(2) dt.17-02-2026
                                                         2/2




                       been submitted that there is specific allegation against two persons

                       and there is only doubt that the petitioner might be involved in

                       conspiracy. It has also been submitted that similarly situated co-

                       accused persons have been granted bail by learned Co-ordinate

                       Bench vide Cr. Misc. No. 82378 of 2023 and 14090 of 2024. The

                       case of this petitioner stands on similar footing. Moreover, he is

                       languishing in judicial custody since 19.10.2023.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail and has submitted that petitioner

                       is having criminal antecedent of 15 cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail bond

                       of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                       like amount each to the satisfaction of the learned Chief Judicial

                       Magistrate, East Champaran, Motihari in connection with Chakia

                       P.S. Case No. 301 of 2023 with the condition that petitioner

                       shall cooperate in the trial and shall mark his attendance

                       weekly at Piprakothi P.S.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T

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