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Patna High Court

Kamlesh Kumar @ Kamlesh PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail as the prosecution lacks substantive evidence against him and he has a clean antecedent, subject to prescribed conditions.

Summary

Kamlesh Kumar, accused of murder, kidnapping, and related offences under Sections 363, 365, 302, 201, 120(B) and 34 of the IPC, applied for bail after being in custody since 2 June 2025. The prosecution alleged he participated in the killing of an informant's son over a money dispute, relying mainly on confessional statements of co‑accused. The defence argued that the petitioner has a clean antecedent, was not named in the FIR, and that no substantive material besides co‑accused statements links him to the crime. The Court noted that a similarly situated co‑accused had been granted bail and that the petitioner’s lack of direct evidence and clean record warranted relief. Consequently, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged with serious offences under the IPC.
  • Whether the absence of direct evidence and the petitioner's clean antecedent justify granting bail.
  • Whether the bail granted to a co‑accused is determinative for the petitioner's bail application.

Legislation cited

Subjects

  • bail
  • murder
  • Indian Penal Code
  • criminal antecedent
  • co‑accused
  • Patna High Court
  • Criminal Miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1820 of 2026
                       Arising Out of PS. Case No.-75 Year-2024 Thana- MASAUDHI District- Patna
                 ======================================================
                 Kamlesh Kumar @ Kamlesh Prasad Son of Shyamnandan Yadav R/o Village
                 - Rewan, P.S. -Masaurhi, Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramji Kumar, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-04-2026                      Heard Mr. Ramji Kumar, learned counsel for the

                   petitioner as well as Ms. Pushpa Sinha, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   02.06.2025 in connection with Masaurhi P.S. Case No. 75 of

                   2024, F.I.R. dated 29.01.2024 for the offences punishable under

                   Sections 363, 365, 302, 201, 120(B) and 34 of Indian Penal

                   Code.

                               3. According to prosecution case, it is alleged that the

                   petitioner along with other accused persons committed murder

                   of informant’s son over money dispute.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. Petitioner is not named in the FIR
Patna High Court CR. MISC. No.1820 of 2026(3) dt.09-04-2026
                                            2/3




          and his name transpired during investigation on the basis of

          confessional statement of co-accused, namely, Pintu Kumar and

          Amlesh Kumar and thereafter, the petitioner has confessed his

          guilt in the present occurrence and except the disclosure made

          by    co-accused persons, no other cogent material has come

          during investigation which suggest the involvement of the

          petitioner in the present occurrence and similarly situated co-

          accused person, namely, Pintu Kumar has been granted the

          privilege of bail by co-ordinate Bench of this Court vide order

          dated 12.06.2024 in Cr. Misc. No. 26447 of 2024. He further

          submits that the police after investigation submitted the charge

          sheet against the petitioner and the petitioner is in custody since

          02.06.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and similarly situated co-accused

          person has been granted the privilege of bail by co-ordinate

          Bench of this Court, 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

          the learned A.D.J 1st Masaurhi in connection with Masaurhi P.S.
            Patna High Court CR. MISC. No.1820 of 2026(3) dt.09-04-2026
                                                        3/3




                      Case No. 75 of 2024, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his 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)
Suruchi/-

U      T


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