Patna High Court
Kunal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail could not be granted as the petitioner’s alleged involvement was established solely through a co‑accused’s confessional statement and he has serious criminal antecedents.
Summary
The petitioner, Kunal Singh, applied for regular bail in a case involving offences under Sections 307, 326, 120(B), 302/34 of the IPC and Section 27 of the Arms Act, arising from a shooting that resulted in death. The FIR does not name the petitioner as an eye‑witness; his alleged involvement is derived solely from the confessional statement of a co‑accused, with no other material evidence linking him to the crime. The State opposed bail, highlighting the seriousness of the charges, the firearm‑related homicide, and the petitioner’s fifteen prior criminal convictions. The court, considering the gravity of the offences, the lack of direct evidence, and the petitioner’s antecedents, rejected the bail application. Additionally, the court directed the trial court to expedite the trial, aiming for completion within one year from receipt of the order.
Issues considered
- Whether regular bail can be granted when the petitioner’s alleged participation is based only on a co‑accused’s confessional statement and lacks eye‑witness evidence.
- Whether the petitioner’s extensive criminal antecedents and the seriousness of the offences justify denial of bail.
- Whether the prolonged pre‑trial custody warrants an order for expeditious trial.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302/34, 307, 326
Subjects
- regular bail
- IPC
- Arms Act
- attempt to murder
- murder
- conspiracy
- confessional statement
- criminal antecedents
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9009 of 2026
Arising Out of PS. Case No.-761 Year-2022 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Kunal Singh S/O Asarfi Singh Resident of village- Kuriya, P.S.- 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. Parmanand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Motihari Town P. S. Case No. 761 of 2022 registered for the
offences punishable under Sections 307, 326, 120(B), 302/34 of
the Indian Penal Code and Section 27 of the Arms Act.
3. As per F.I.R., informant stated that he received a
phone call from his brother informing him that some unknown
persons had shot him. Subsequently, his brother succumbed to
the injuries.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R.. informant is not an eye
witness to the occurrence and name of the petitioner transpired
Patna High Court CR. MISC. No.9009 of 2026(3) dt.22-04-2026
2/2
during investigation in confessional statement of co-accused
Sanjay Kumar Singh. Save and except confessional statement of
co-accused, there is no other material available on record to
show complicity of this petitioner in the alleged offence.
Petitioner is in custody since 23.08.2024.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that name of the petitioner
transpired on the basis of confessional statement of co-accused
and cause of death is due to firearms injury. Petitioner has got
15 criminal antecedents.
6. Considering the nature of accusation and gravity of
the offence and criminal antecedents, prayer for bail of the
petitioner is rejected.
7. However, since petitioner is in custody since
23.08.2024, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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