Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31088 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- DUMRA District- Sitamarhi ====================================================== Chandan Kumar S/o Suresh Ray Resident of Village - Bhairo Kothi, P.S. and Dist - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned APP for the State ( through virtual mode).

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103(1), 61(2) and 3(5) of BNS and Section 27 of the Arms Act.

3. The case of the prosecution is that Shashi Bhushan Kumar, Lokesh Singh, Raghunath Mahto, Mukesh Jha and Manish Singh have fired at different parts of the body of the informant's brother due to which, he succumbed to his injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that in this case, altogether eleven persons are named in this FIR and the petitioner is not named in the FIR. On same day, one relative Lakhindra Kumar has arrived at the house of the petitioner. His confessional statement

Patna High Court CR. MISC. No.31088 of 2026(2) dt.11-05-2026 2/2 was recorded in other case and on that basis, one country made pistol without any cartridge was recovered. Learned counsel has submitted that the name of this petitioner has surfaced only on the basis of recovery of pistol which has been made on the basis of confessional statement of co-accused Lakhindra Kumar. No any specific role has been attributed against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 05.01.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumra P.S. Case No. 2 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi.

(Ashok Kumar Pandey, J) Shubham/- U T