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Patna High Court

Kunal Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
               ======================================================
               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
                                            2/3




      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
                                                        3/3




                  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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