Patna High Court
Kunal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Kunal Kumar Singh, was arrested on 26 September 2025 in connection with a robbery alleged under Sections 111 and 309(4) of the Bharatiya Nyay Sanhita, 2023. He contends that he was falsely implicated, as his name does not appear in the FIR and the only link to him is a confessional statement of a co‑accused. The prosecution opposes bail, citing two prior criminal antecedents, though the petitioner is already on bail for those matters. The court examined the nature of the offences, the lack of direct evidence against the petitioner, and his prior bail status. It ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner under Sections 111 and 309(4) of the Bharatiya Nyay Sanhita, 2023 considering the seriousness of the alleged offences.
- Whether the confessional statement of a co‑accused is sufficient to justify continued detention of the petitioner.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 111, 309(4)
Subjects
- bail
- criminal procedure
- robbery
- Section 111
- Section 309(4)
- Bharatiya Nyay Sanhita
- co‑accused confession
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18399 of 2026
Arising Out of PS. Case No.-252 Year-2025 Thana- DAUDPUR District- Saran
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Kunal Kumar Singh S/O Sarvjeet Singh R/O Vill.- Nayka barka baiju tola,
P.S.- Rivilganj, Dist.- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Dewendra Narayan Singh, learned counsel
for the petitioner as well as Mr. Pawan Kumar Chaurasia, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.09.2025 in connection with Daudpur P.S. Case No. 252 of
2025, F.I.R. dated 25.09.2025 for the offences punishable under
Sections 111, 309(4) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that when
the informant reached at a distance of 100-150 meter west from a
hotel, then 3-4 unknown miscreant arrived from behind on a
motorcycle and stopped him and on point of knife demanded
articles from him. It is further alleged that one of the accused took
away ATM cards, Rs.3000/-, a bag containing documents, one
mobile phone and his motorcycle and fled away toward Kopa.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.18399 of 2026(2) dt.24-03-2026
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petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
transpired on the basis of confessional statement of co-accused,
Aadarsh Kumar Sah @ Mannu. Thereafter, the petitioner was
apprehended along with the alleged motorcycle with the co-
accused. He next submits that the petitioner has no concern at all
with the alleged recovery of articles or the motorcycle in question
and the petitioner was riding with the co-accused and he had no
knowledge that the co-accused has snatched the motorcycle in
question. He further submits that the police after investigation
submitted the charge sheet against the petitioner and the petitioner
is in custody since 26.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries two criminal antecedents other than
the present one but fairly submits on the basis of paragraph-3 of
the bail application that the petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances, 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 Judicial Magistrate-
Ist Class, Saran at Chapra in connection with Daudpur P.S. Case
Patna High Court CR. MISC. No.18399 of 2026(2) dt.24-03-2026
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No. 252 of 2025, 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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