Patna High Court
Kamlesh kumar @ kamlesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, finding that the evidence against him was insufficient to justify continued detention.
Summary
The petitioner, Kamlesh Kumar, was arrested on 28 July 2025 in connection with a murder case (PS Case No. 354 of 2025) alleged to involve the theft of Rs. 70,000 and a mobile phone followed by the victim's hanging. He was charged under Sections 103(1), 303(2), 118(1) and 3(5) of the BNS. The petitioner pleaded for bail, asserting a clean antecedent and arguing that the prosecution’s case rests merely on suspicion with no substantive evidence beyond the FIR. The State opposed the bail application, citing the seriousness of the offences. The Court, after considering the lack of concrete evidence and the petitioner’s clean record, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s criminal antecedent without delaying the release.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting bail to an accused charged with murder and related offences when the prosecution’s case appears to be based largely on suspicion?
Legislation cited
- BNS — s. 103(1), 118(1), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- murder
- suspicion
- clean antecedent
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12818 of 2026
Arising Out of PS. Case No.-354 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Kamlesh kumar @ Kamlesh Mahto son of Chhathu Mahto Resident of village
- Sripur Nawada, Ward no. 4, Ps- Pakaridayal, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Ms.Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Heard Mr.Abhishek Kumar, learned counsel for the
petitioner and Ms.Rina Sinha, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
28.07.2025 in connection with Pakridayal P.S. Case No. 354 of
2025, F.I.R. dated 27.07.2025 registered for the offence
punishable under Sections 103(1),303(2),118(1),3(5) of BNS.
3. Allegation against the petitioner is that he took
money of Rs. 70000/- and mobile phone from the son of the
informant and brutally murdered him and his body was hanged
from a tree.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Although the
petitioner is named in the FIR but from a bare perusal of the FIR
Patna High Court CR. MISC. No.12818 of 2026(3) dt.30-04-2026
2/3
it appears that merely on the basis of suspicion the name of the
petitioner has been implicated in the present case. Learned
counsel for the petitioner fairly submits that thereafter, the
petitioner has confessed his guilt in the present occurrence in
paragraph-7 of the case diary and except the aforesaid, nothing
has come during investigation against the petitioner to suggest
the involvement of the petitioner in the present occurrence. The
police, after investigation, submitted the chargesheet against the
petitioner, even the charge has been framed on 12.12.2025 and
the petitioner is in custody since 28.07.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent and except the suspicion, nothing has come during
investigation against the petitioner to suggest the involvement of
the petitioner in the present occurrence, let the petitioner, above
named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-8th, East
Champaran, Motihari in connection with Pakridayal P.S. Case
No. 354 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.12818 of 2026(3) dt.30-04-2026
3/3
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Nitesh/-
U T
Checking your session…