Patna High Court
Naulesh Kumar @ Maina @ Naulesh prasadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRAVEEN KUMAR
Holding
The court denied the petitioner's application for regular bail.
Summary
Naulesh Kumar applied for regular bail in a 2016 case (PS Kadirganj Case No. 103) where he is charged under Sections 302 and 34 of the IPC and Section 27 of the Arms Act for allegedly causing a firearm injury that led to the death of the informant's father. The petitioner claimed he was falsely implicated due to a land dispute and pointed to a co‑accused who had previously been granted bail. He has one prior criminal antecedent, is already on bail in another matter, and has been in judicial custody since 11‑11‑2024 after evading arrest for about eight years. The State and the informant opposed bail, emphasizing the seriousness of the offences, the multiple firearm injuries on the deceased, and the petitioner's long evasion of arrest. After considering the facts, the court declined to grant bail, finding the circumstances insufficient to justify release.
Issues considered
- Whether regular bail should be granted to an accused charged with murder, criminal conspiracy, and illegal possession of a firearm under Sections 302, 34 IPC and Section 27 Arms Act.
- Whether the petitioner's claim of false implication and the prior bail granted to a co‑accused affect the bail decision.
- Whether the petitioner's evasion of arrest for eight years and existing criminal antecedent justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- illegal firearm
- evading arrest
- criminal antecedent
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1398 of 2026
Arising Out of PS. Case No.-103 Year-2016 Thana- KADIRGANJ District- Patna
======================================================
Naulesh Kumar @ Maina @ Naulesh prasad S/o Late Chaudraghosh Prasad
Resident of Village- Barabigha, Nataul, P.S.- Kadirganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Munni Kumari, Advocate
For the Informant : Mr. Rohit Kumar Sharma, Advocate
For the State : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 07-04-2026 Heard learned counsel for the petitioner, leaned
counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kadirganj P.S. Case No.
103 of 2016 registered for the offences punishable under
Sections 302 and 34 of the IPC and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner along
with his brother caused firearm injury to the father of the
informant which resulted in death.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case due to land dispute. It has further been submitted that
similarly situated co-accused person has already been granted
Patna High Court CR. MISC. No.1398 of 2026(5) dt.07-04-2026
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the privilege of bail vide order dated 21.06.2021 passed in Cr.
Misc. No. 24318 of 2020. Lastly, it has been submitted that the
petitioner has one criminal antecedent in which he is on bail and
is in custody since 11.11.2024.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for bail of
the petitioner.
6. Perused the record and considered the submission
of the parties. The case is of the year 2016, and the petitioner is
in judicial custody since 11.11.2024. The petitioner evaded
arrest for a period of about eight years. The co-accused,
Niranjan Kumar, who has been granted the privilege of bail, had
remained in custody for approximately four years. Moreover,
there are several firearm injuries on the person of the deceased.
7. Considering the aforesaid facts and circumstance of
the case, this court is not inclined to grant bail to the petitioner
and the same is hereby rejected.
(Praveen Kumar, J)
Jyoti/-
U t
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