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Patna High Court

Himanshu Kumar @ Chintu @ ChintaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Himanshu Kumar, was arrested in connection with a murder case (PS Case No. 96 of 2019) alleged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution’s case is based solely on a confessional statement of a co‑accused, as the petitioner’s name does not appear in the FIR. The petitioner contended that he is innocent and that there is no material evidence linking him to the offence. The State opposed the bail application, citing the seriousness of the charges. The Court, after considering the lack of substantive evidence, the general nature of the accusation, and the period of custody, granted bail on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail can be granted to the petitioner in a case involving murder (IPC 302, 34) and an Arms Act offence when the only evidence is a co‑accused’s confessional statement.

Legislation cited

Subjects

  • bail
  • IPC 302
  • IPC 34
  • Arms Act 27
  • confessional statement
  • co‑accused
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91306 of 2025
                    Arising Out of PS. Case No.-96 Year-2019 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Himanshu Kumar @ Chintu @ Chinta Son of Jai prakash Narayan Resident
                 of Village - Kiranpur, P.S. - Lakhisarai, Distt. - Lakhisarai.
                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Vivek Anand Amritesh, Advocate
                 For the State           :        Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 302 and 34 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                                3. As per prosecution case, on 24.04.2019, younger

                   brother of informant, namely Dhiraj, was murdered by accused

                   persons.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence.

                   Petitioner is not named in the F.I.R.. Name of petitioner

                   transpired in this case during course of investigation, only on

                   the basis of confessional statement of co-accused Nitish Kumar
             Patna High Court CR. MISC. No.91306 of 2025(2) dt.13-02-2026
                                                         2/2




                       Choudhary, who has already been granted bail by this Hon’ble

                       Court vide order dated 22.01.2020 passed in Cr. Misc. No. 99 of

                       2020. Save and except confessional statement, there is no other

                       material on record to show the complicity of this petitioner in

                       the alleged offence. Moreover, charge-sheet has already been

                       submitted and petitioner is in custody since 29.08.2025.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, claim based on

                       parity and period of custody, the prayer for grant of bail to the

                       petitioner is allowed.

                                    7. Accordingly, let the above named petitioner be

                       released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned A.D.J.-XVI, Bhagalpur in connection

                       with Sultanganj P.S. Case No. 96 of 2019.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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