Created by Fuzzy Cloud

Patna High Court

Munchun Kumar @ Bittu GuptaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, subject to conditions, finding no sufficient ground to deny it.

Summary

Munchun Kumar, also known as Bittu Gupta, was arrested in connection with a robbery and alleged violation of Section 27 of the Arms Act, based primarily on the confessional statement of a co‑accused, Deepak Kumar. The petitioner contended that he was not named in the FIR, had no criminal antecedents, and no incriminating material was recovered from his possession. He had been in custody since 5 July 2025 and pointed to the earlier grant of bail to a co‑accused on identical charges as a basis for parity. The State opposed bail, arguing that the confession implicated the petitioner. The Court, noting the filing of the charge sheet, the petitioner’s clean record, the lack of risk of evidence tampering, and the principle of parity, ordered his release on bail subject to standard conditions.

Issues considered

  • Whether bail should be granted to the petitioner when the sole basis of accusation is a co‑accused’s confessional statement.
  • Whether the filing of a charge sheet and the petitioner’s clean antecedent justify bail despite the seriousness of the offences.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • co‑accused
  • Arms Act
  • robbery
  • parity
  • charge sheet
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89218 of 2025
                     Arising Out of PS. Case No.-307 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
                 Munchun Kumar @ Bittu Gupta son of Mahendra Sah Resident of Village-
                 Jamunia Khairi Mal, Police Station-Pipra, District-East Champaran.
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sarvesh Kashyap
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Pipra

                   P.S. Case No. 307/2025 registered for the offences punishable

                   under Section 309(6) B.N.S. and 27 of the Arms Act.

                                3.    As per prosecution case, four miscreants looted a

                   sum of Rs.5,00,000/- (five lac) along with blank cheques and a

                   pass book from the car of the petitioner and fled away from the

                   place of occurrence. FIR has been lodged against unknown.

                                4.    Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged in

                   the FIR. The petitioner is not named in the FIR and his name has

                   been surfaced in this case on the basis of confessional statement

                   of co-accused Deepak Kumar. Except confessional statement of

                   co-accused, there is nothing on record to demonstrate the
Patna High Court CR. MISC. No.89218 of 2025(2) dt.12-01-2026
                                            2/3




          complicity of the present petitioner with the alleged occurrence.

          The petitioner is languishing in custody since 05.07.2025 and

          bears no criminal antecedent. The petitioner is not present at the

          place of occurrence and no incriminating article has been

          recovered from the conscious possession of the petitioner. He

          orally submits that the petitioner was not identified by any

          person. Charge sheet has been submitted in this case and there is

          no likelihood of tampering with the prosecution evidence. On

          similar and identical allegation co-accused Ratnesh Kumar has

          already been granted bail by the co-ordinate Bench of this Court

          vide Cr. Misc. No.87175/2025 and on the principle of parity the

          petitioner also deserves same treatment.

                       5. The learned A.P.P. for the State vehemently opposes

          the prayer for bail of the petitioner and submits that during course

          of investigation the name of the petitioner surfaced in this case on

          the basis of confessional statement of co-accused Deepak Kumar

          and hence the petitioner does not deserve bail.

                       6. Considering the facts and circumstances of the case,

          period of custody, on similar and identical allegation co-accused

          has already been granted bail, charge sheet has already been

          submitted in this case and there is no likelihood of tampering with

          the prosecution evidence and keeping in view clean antecedent of

          petitioner, argument advanced on behalf of both sides and also
           Patna High Court CR. MISC. No.89218 of 2025(2) dt.12-01-2026
                                                       3/3




                     taking into consideration the material available on record, let the

                     petitioner above named be released on bail on furnishing bail

                     bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of learned S.D.J.M.,

                     Motihari, East Champaran in connection with Pipra P.S. Case No.

                     307/2025, subject to following conditions:-

                                  (i) One of the bailors shall be either father or mother or

                     sister or brother or wife or the person who has sworn the affidavit

                     in bail application.

                                  (ii) Petitioner will co-operate in trial and will remain

                     present on all dates and absence for two consecutive dates

                     without appropriate permission, would be a ground for

                     cancellation of bail by the learned Trial court itself.

                                  (iii) 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.


                                             (Alok Kumar Pandey, J)

amitkumar/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.