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Patna High CourtCR. MISC./4868/2026allowed

Kundan Kumar @ Dipak Kumar v. The State Of Bihar

2026-02-03Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4868 of 2026 Arising Out of PS. Case No.-277 Year-2025 Thana- RANIYATALAB District- Patna ====================================================== Kundan Kumar @ Dipak Kumar S/o Bijendra Singh R/o vill- Kab, P.s.- Ranitalab, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103 (1), 61

(2) of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that while the informant was about 50 meters away from his father, he heard the sound of firing and when he went near his father, he found that his father had received bullet injury and had fallen down. Thereafter, the informant raised an alarm and saw 3-4 persons fleeing towards canal. The informant then took his father to hospital, where he declared dead. It is further alleged that the deceased used to say that one Anjani Kumar and Parwin Kumar were hatching a conspiracy to commit his murder.

Patna High Court CR. MISC. No.4868 of 2026(2) dt.03-02-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the petitioner is not named in the FIR. His name has surfaced during the course of investigation on the basis of the confessional statement of Divyanshu Kumar @ Anshu Singh @ Anshu Kumar. Save and except the confessional statement of coaccused, nothing has come against this petitioner to implicate him. It is further submitted that co-accused persons, namely, Divyanshu Kumar @ Anshu Singh @ Anshu Kumar and Jitendra Kumar @ Jitendra Singh have been extended the privilege of bail vide order dated 13.01.2026 passed in Cr. Misc. Nos. 86057 of 2025 and 76261 of 2025 by a co-ordinate Bench of this Court. The case of the petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 18.08.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioner has seven criminal antecedents.

6. Considering the aforesaid 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

Patna High Court CR. MISC. No.4868 of 2026(2) dt.03-02-2026 3/3 bail in connection with Ranitalab P.S. Case No. 277 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Danapur, subject to the condition that the petitioner shall cooperate in the trial and shall mark his attendance at concerned police station weekly, failing which the learned Magistrate will be at liberty to pass appropriate orders.

(Ashok Kumar Pandey, J) Jagdish/- U