Parvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18709 of 2026 Arising Out of PS. Case No.-493 Year-2025 Thana- GOPALPUR District- Patna ====================================================== Parvind Kumar S/O Gopal Mahto R/O vill.- Jethuli, Kachchi Dargah, P.s.- Nadipur Mauzipur, District Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP For the Informant :
Mr. Utkarsh Ranjan, Advocate Mr. Vinay Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Gopalpur P.S. Case No. 493 of 2025 dated 25.11.2025 registered for the offences punishable under Sections 103(1), 61(2)(a), 3(5) of B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, on 24.11.2025, the informant heard gunshots near his house, upon which he came out and saw two unknown persons firing indiscriminately at his grant-father Asharfi Lal Singh. It is alleged that informant raised alarm, but the assailants fled away from the place of occurrence. The injured grand-father of the informant Asharfi Lal Singh was
2/4 taken to PMCH where he was declared brought dead.
4. Learned counsel for the petitioner submits that in fact the assailants were identified as one Pravin and Vijay and they were subsequently lynched by the villagers for which Gopalpur P.S. Case No. 492 of 2025 was registered for the offences punishable under Sections 103(1), 103(2) of the BNS and Sections 25(1-B)(i), 26 and 35 of the Arms Act. It is submitted by the learned counsel for the petitioner that as per the prosecution case, the two assailants were unknown who were identified as Pravin and Vijay and no suspicion whatsoever was raised against the petitioner in the FIR least to say that he was named in the FIR. It has further been submitted that subsequently the petitioner was arrested and his confessional statement was recorded by the police while in police custody which has got no evidentiary value in the eye of law.
Moreover, the confessional statement of the petitioner has not led to recovery of any incriminating substance. It has further been submitted that the petitioner had confessed that he had helped co-accused Pravin in the murder of the deceased and the said Pravin was identified as one of the persons who was allegedly assailants of the deceased and lynched by the villagers.
3/4 case and there is no allegation of tampering with the evidence. It has lastly been submitted that petitioner is in custody since 30.11.2025 and although he was accused in one another case of petty nature in which he is on bail in that case..
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner and has submitted that there are enough materials against the petitioner and the circumstances go to show that petitioner took active part in the conspiracy of killing of the deceased.
6. Heard the parties and perused the record, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Gopalpur P.S. Case No. 493 of 2025, with following conditions:- (i) The petitioner is directed to co-operate in the trial and be well represented on each and every date fixed in the trial and failure to appear on two consecutive dates, the court below would be at liberty to cancel the bail bonds of the petitioner. (ii) If the petitioner tampers with the evidence, the prosecution would be at liberty to file appropriate application
4/4 for cancellation of his bail bonds.
7. The application stands allowed.
(Praveen Kumar, J) shivam/- U T