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Patna High Court

Sandeep Kumar @ Prince Kumar @ Princi KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Sandeep Kumar, applied for anticipatory bail in a case registered under Section 307 of the Indian Penal Code and Section 27 of the Arms Act, alleging that the FIR was against unknown persons and that a co-accused, Aman, had confessed that the petitioner, who is the informant's brother, had commissioned the firing. The petitioner’s counsel highlighted his clean record, a simple injury, and a property dispute with the informant, arguing lack of probability of his involvement. The State opposed the bail, emphasizing the confessional statement implicating the petitioner, the firearm nature of the injury, and ongoing investigation. The court considered the submissions and found the allegations sufficient to deny anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and the confessional statement of a co-accused.
  • Whether the alleged property dispute and the nature of the injury affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 307 IPC
  • Arms Act Section 27
  • firearm injury
  • confessional statement
  • property dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9474 of 2026
                       Arising Out of PS. Case No.-162 Year-2024 Thana- NAWADA District- Nawada
                 ======================================================
                 Sandeep Kumar @ Prince Kumar @ Princi Kumar S/o- Surendra Sharma R/o
                 - Jal Mandir, Gonawan, P.S - Nawada, District - Nawada

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amresh Kumar Sinha
                 For the Opposite Party/s :       Mr.Rajendra Nath Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in Nawada P. S. Case No.162 of 2024 registered for the

                   offences punishable under Section 307 I.P.C. and Section 27 of

                   the Arms Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that unknown accused fired causing firearm

                   injury near his left ear.

                                4. The learned counsel for the petitioner submits that

                   FIR is against unknown and during the course of investigation

                   one Aman was arrested who confessed his participation in the

                   occurrence of firing at the informant and also disclosed that the
Patna High Court CR. MISC. No.9474 of 2026(3) dt.27-04-2026
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          contract to commit the occurrence was given by the petitioner

          who is own brother of the informant. It is also submitted that

          during course of investigation, it transpired that petitioner from

          mobile no.8936871315 had talked to Aman on his mobile

          no.9693105088 and the said mobile registered in the name of

          Anuj. It is further submitted that it does not appear probable that

          petitioner being own brother of the informant would have got

          the occurrence committed. It is next submitted that petitioner

          and the informant are having dispute relating to property. It is

          further submitted that even injury suffered by the injured has

          been opined to be simple in nature.

                       5. Learned A.P.P. opposes the anticipatory bail

          application and submits that from perusal of the injury report it

          would manifest that though injury has been opined to be simple

          but then it is firearm injury and the name of the petitioner

          transpired in the confessional statement of Aman who in his

          statement accepted his participation in the occurrence thus the

          statement is inculpatory and also disclosed that it was at the

          behest of this petitioner that the occurrence was committed and

          druing course of investigation, it transpired that petitioner was

          in touch with Aman. It is also submitted that investigation in the

          case is continuing.
               Patna High Court CR. MISC. No.9474 of 2026(3) dt.27-04-2026
                                                           3/3




                                      6. Considering the submissions made by the learned

                         A.P.P., the Court is not inclined to extend the privilege of

                         anticipatory bail to the petitioner.

                                      7. The prayer of the petitioner for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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