Chandan Kumar @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29480 of 2026 Arising Out of PS. Case No.-50 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Chandan Kumar @ Vivek Kumar S/o Mohan Prasad Resident of Village - Kazipur, West Lane of CPI Office, Arya Kumar Road, P.S. - Kadam Kuan, Dist. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Chandra For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Kadamkuan P.S. Case No. 50/2023 for the offences punishable under section 302/34 of the Indian Panal Code and 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 09.10.2025 and the informant alleges that a call came on the mobile of his brother Sunny and both left on a motorcycle and when they reached near CPI Office, they saw 8-9 accused persons present from before and identified Babloo @ Govind, elder brother of Babloo, Sahil, Chandan and Rahul and

Patna High Court CR. MISC. No.29480 of 2026(2) dt.15-05-2026 2/3 thereafter, it is alleged that Babloo fired causing firearm injury to Sunny who fell from the motorcyle and on alarm they fled and Sunny was brought to the hospital where he was declared dead by the doctors.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case by the informant, it is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the specific allegation of firing is against Bablu, it is next submitted no doubt petitioner was also present at the place of occurrence, but then he was not even aware that the occurrence of the nature as alleged would take place, as such, his presence was also captured in the CCTV. It is next submitted that had the petitioner been aware that occurrence of the nature, as alleged would take place, in that event, the petitioner would have been careful to ensure that he is not captured by CCTV, it is reiterated that allegation of firing is against Bablu and no overtact has been alleged against the petitioner. It is further submitted that if privileged of regular bail is granted to the petitioner, the petitioner will not abscond rather will cooperate in the trial to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.29480 of 2026(2) dt.15-05-2026 3/3 regular bail of the petitioner.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, 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 the learned District & Additional Sessions Judge-XXXIII, Patna in connection with Kadamkuan P.S. Case No. 50 of 2023.

7. However, it is made clear if learned Trial Court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the trial, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Satyavrat Verma, J) Sanjeev/- Vikram U T