Patna High Court
Himanshu Kumar @ Chintu @ ChintaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
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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