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Patna High Court

Kaushal KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application is dismissed; regular bail is not granted.

Summary

The petitioner, Kaushal Kumar, applied for regular bail in a criminal miscellaneous case (No.10333 of 2026) arising from a charge under Sections 309(4), 317(2), 314(4) and 317(5) of the Bihar Narcotic Substances Act for alleged loot. The prosecution alleged that the petitioner participated in the loot, and a self‑inculpatory statement of a co‑accused identified him as a participant. The petitioner had been in custody since 7 July 2025. The Court, after hearing counsel, found the material facts sufficient to deny bail, emphasizing the seriousness of the offence and the co‑accused’s statement. Consequently, the bail application was dismissed, though the Court noted that the petitioner could seek bail again if the trial is unduly delayed. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner in a case of alleged loot under the Bihar Narcotic Substances Act.
  • Whether the co‑accused’s self‑inculpatory statement and the duration of custody justify denial of bail.

Legislation cited

Subjects

  • bail
  • regular bail
  • loot
  • co‑accused statement
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10333 of 2026
                      Arising Out of PS. Case No.-236 Year-2025 Thana- CHANDAUTI District- Gaya
                 ======================================================
                 Kaushal Kumar S/o Manoj Kumar Resident of Mohalla- Narayangarh, PO-
                 Rampur, P.S.- Distt.- Gaya

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Praveen Kumar
                 For the Opposite Party/s :      Mr.Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner seeks regular bail in connection

                   with Chandauti P.S. Case No. 236 of 2025 registered for the

                   offence under Sections 309(4), 317(2), 314(4), 317(5) of the

                   BNS.

                                   3. As per the prosecution case, the petitioner is

                   accused of committing loot with the informant.

                                   4. The petitioner is in custody since 07.07.2025

                   and from the self-inculpatory statement of the co-accused, the

                   name of the petitioner has surfaced in the present case.

                                   5. Considering the aforesaid facts, this Court is not

                   inclined to grant bail to the petitioner.

                                   6. Accordingly, this application is dismissed.
          Patna High Court CR. MISC. No.10333 of 2026(4) dt.27-04-2026
                                                      2/2




                                    7. If the trial of the petitioner is delayed by the

                    prosecution then the petitioner may renew his prayer for bail.

                                    8. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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