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Patna High Court

Kunal SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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