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Patna High Court

Kyamuddin @ Laddu Miya @ LadduversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Kyamuddin, was charged in a 2022 case for offences under IPC sections 147, 148, 149, 341, 302 and Arms Act section 27, stemming from an alleged armed attack that resulted in the death of an informant's husband. He contended that he was not named in the FIR and that his alleged involvement was based solely on the confessional statements of co‑accused Ripu Pandey and Nishant Kumar, similar to another accused who had already been granted bail. The petitioner had been in judicial custody since 17 August 2023 and sought regular bail, while the State opposed the relief. After hearing both sides, the court noted the lack of direct FIR allegations against the petitioner and the precedent of bail granted to a co‑accused, and decided to enlarge bail. Consequently, the court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to satisfaction of the concerned court.

Issues considered

  • Whether a person implicated only through confessional statements of co‑accused is entitled to regular bail.
  • Whether the seriousness of the offences under IPC and the Arms Act warrants continued detention.

Legislation cited

Subjects

  • regular bail
  • confessional statements
  • IPC
  • Arms Act
  • criminal procedure
  • bail application
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1588 of 2026
                    Arising Out of PS. Case No.-460 Year-2022 Thana- KOTWA District- East Champaran
                 ======================================================
                 Kyamuddin @ Laddu Miya @ Laddu S/O S K Meraj @ Shaikh Meraj @
                 Sheikh Miraj Resident of Village- Madhopura/Madhopur, Shaikh Toli, P.S.-
                 Turkauliya, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Rathore@ Kundan Kumar, Advocate
                                                  Mr. Mohan Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-01-2026                     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 147, 148,

                   149, 341, 302 of the Indian Penal Code and Section 27 of the

                   Arms Act.

                                 3. The case of the prosecution is that while the

                   informant was returning home with her husband from Dumra

                   Chowk, six FIR named accused persons armed with pistol

                   surrounded them. Subhash Pandey caught the informant and all

                   the accused persons fired on her husband. The informant’s

                   husband was brought to Sadar Hospital, Motihari where the

                   doctor declared him dead.
Patna High Court CR. MISC. No.1588 of 2026(2) dt.31-01-2026
                                            2/3




                       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 the petitioner is not

          named in FIR rather his name has come on the basis of

          confessional statement of co-accused Ripu Pandey and Nishant

          Kumar. From perusal of the FIR, it is clear that the allegation of

          firing upon the informant’s husband is against six named FIR

          persons. There is no allegation of firing against this petitioner

          except the confessional statement of Ripu and Nishant, there is

          nothing against him. It has further been submitted that co-

          accused Sumit Kumar @ Ravan has already been granted bail

          by learned co-ordinate Bench of this Court vide order dated

          01.07.2025 passed in Cr. Misc. No. 19232 of 2025 and his name

          has also come on the basis of confessional statement of Ripu

          Pandey and Nishant Kumar. As such, the case of this petitioner

          stands on similar footing.                 Moreover, the petitioner is

          languishing in judicial custody since 17.08.2023.

                       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
            Patna High Court CR. MISC. No.1588 of 2026(2) dt.31-01-2026
                                                        3/3




                      petitioner is directed to be released on bail in connection with

                      Kotwa P.S. Case No. 460 of 2022 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned C.J.M., East Champaran,

                      Motihari/Concerned Court.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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