Kundan Kumar @ Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30065 of 2026 Arising Out of PS. Case No.-990 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Kundan Kumar @ Kundan Singh S/O Satyendra Singh R/O Vill.- Sahbajpur, P.S.- Jehanabad(Kalpa), Dist.- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18450 of 2026 Arising Out of PS. Case No.-990 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Pawan Singh S/o- Jagdish Singh Village- Sahwajpur, P.S- Jehanabad Kalpa O.P, District- Jehanabad 2.

Devendra Singh S/o- Jagdish Singh Village- Sahwajpur, P.S- Jehanabad Kalpa O.P, District- Jehanabad 3.

Gunjan Singh S/o- Awadhesh Singh Village- Sahwajpur, P.S- Jehanabad Kalpa O.P, District- Jehanabad 4.

Upendra Singh S/o- Late Soni Singh @ Sohawan Singh Village- Sahwajpur, P.S- Jehanabad Kalpa O.P, District- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 30065 of 2026) For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP (In CRIMINAL MISCELLANEOUS No. 18450 of 2026) For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-05-2026 Heard Mr. Sanjay Kumar and Mr. Vijay Anand, learned counsel for the petitioners and Mr. Anil Kumar, learned APP for the State (in both the cases).

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2. Petitioners seek bail, who are in custody since 01.12.2025 and 15.12.2025 respectively, in connection with Jehanabad (Kalpa) P.S. Case No. 990 of 2019, F.I.R. dated 28.11.2019 registered for the offences punishable under Sections 147, 148, 149, 302, 120B, 380 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioners is of conspiring in committing murder of the informant's mother.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. He further submits that it appears from the F.I.R. itself that there is direct and specific allegation attributed against co-accused person, namely, Dharmendra Singh and Tunnu Kumar and as per allegation in the F.I.R. the informant has alleged that the petitioners have conspired in the present case due to land dispute. Learned counsel for the petitioners further submits that the petitioners are in judicial custody in connection with Jehanabad (Kalpa) P.S. Case No. 351 of 2019 on the date of occurrence i.e. on 28.11.2019 and they have been remanded in the present case from the aforesaid case on 01.12.2025 and 15.12.2025 and except the aforesaid, nothing has come during investigation to suggest the involvement of the

3/4 petitioners in the present occurrence. He further submits that co-accused person, namely, Pramod Singh @ Pramod Kumar has been granted bail by this Court vide order dated 15.04.2026 passed in Cr. Misc. No. 24282 of 2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.

6. Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad (Kalpa) P.S. Case No. 990 of 2019, subject to the following conditions :-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move

4/4 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T