Kundan Kumar @ Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3474 of 2026 Arising Out of PS. Case No.-357 Year-2024 Thana- PIPRA District- East Champaran ====================================================== Kundan Kumar @ Vishal Kumar S/O Bharat Persad R/O Village- Vishunpura, P.S- Pipra, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balgovind Sharma, Adv For the Opposite Party/s :
Mr. Navin Kr. Pandey, APP For the Informant :
Mr. Krishna Kant Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Pipra P.S. Case No. 357 of 2024 registered for the offence under Sections 137 and 140(3), 140(1), 103(1), 61(2) of BNS.
3. The petitioner is named in the F.I.R. and is in custody since 20.07.2025.
4. As per FIR, the son of the informant was called from his house on 29.11.2024 at about 5 PM by named co-accused persons where after his mobile phone was found switched off. The informant show apprehension that his son might be killed by coaccused Krishna Mahto, as on earlier occasion he threatened his son to kill.
5. Learned counsel appearing on behalf of the petitioner submitted that allegation is specific against co-accused Golu
Patna High Court CR. MISC. No.3474 of 2026(2) dt.06-02-2026 2/3 Kumar to cause fatal firearm injury and the motorcycle which was used in crime in question also recovered from his possession. It is submitted that allegation against this petitioner is very much general and omnibus in nature and except last seen, nothing incriminating appears against him. While concluding the argument, it is submitted that petitioner found involved in three more cases, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that petitioner was engaged in calling son of informant along with other named co-accused persons from his home, where after present occurrence took place.
7. In view of aforesaid facts and circumstances as implication of this petitioner prima-facie appears only on the basis of general and omnibus allegation as to call petitioner from his home along with other co-accused persons, at best last seen suspicion, coupled with fact that investigation of this case is already completed, where petitioner remains in custody since 20.07.2025, accordingly petitioner above named, is directed to be released on bail in connection with Pipra P.S. Case No. 357 of
Patna High Court CR. MISC. No.3474 of 2026(2) dt.06-02-2026 3/3 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T