Patna High Court
Kyamuddin @ Laddu Miya @ LadduversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 341
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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