Patna High Court
Kundan Kumar @ BochahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, owing to the vague nature of the allegations, absence of substantive material against the petitioner and the filing of a charge sheet, bail must be granted under Section 480(3) of the BNS.
Summary
Kundan Kumar was arrested for an alleged attempt to rob a cash‑van carrying Rs 6,77,634, and for possession of illegal ammunition under Sections 309(5) of the BNS and 27 of the Arms Act. The prosecution’s case relied on CCTV footage, recovery of a country‑made katta and live cartridges from his house, and a seized motorcycle belonging to his father. The petitioner pleaded innocence, arguing that no incriminating material was found on his person, that the incident was only an attempt and nothing was stolen, and that the charge sheet was vague. The State opposed bail, but the court noted the lack of substantive evidence, the petitioner’s long pre‑trial custody since October 2025, and the filing of a charge sheet. Consequently, the court granted bail on a Rs 10,000 bond with two sureties, subject to conditions under Section 480(3) of the BNS and other procedural requirements.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of attempted robbery and illegal possession of ammunition under Sections 309(5) BNS and 27 Arms Act.
Legislation cited
- Arms Act — s. 27
- BNS — s. 309(5), 480(3)
Subjects
- bail
- attempted robbery
- Arms Act
- Section 309
- Section 27
- Section 480(3)
- high court
- Patna
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18466 of 2026
Arising Out of PS. Case No.-500 Year-2025 Thana- BYPASS District- Patna
======================================================
Kundan Kumar @ Bochaha Son of Mahadev Singh R/o Village - Nizampur,
P.S. - Didarganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad, Advocate
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
5 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Bypass P.S. Case No. 500 of 2025, registered
for the offences under Sections 309(5) of the BNS and Section
27 of the Arms Act.
3. As per the prosecution case, when the informant
and driver of his cash van have been going to bank for
depositing the cash amount of his company amounting to Rs.
6,77,634/-, the petitioner tried to rob the cash van. However, due
to alertness of mind shown by the driver, the cash could not be
looted. The name of the petitioner transpired in this case during
investigation for being involved in the alleged occurrence.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.18466 of 2026(5) dt.24-06-2026
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petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. The petitioner has been named in
the case on the basis of CCTV footage in the area of occurrence.
On suspicion, the petitioner was apprehended and thereafter
police has shown recovery of country made katta and two live
cartridges from the house of the petitioner. One of the vehicles
seized in this case is the motorcycle owned by the father of the
petitioner. Learned counsel further submits that it was only an
attempt to commit robbery and nothing was looted in the
occurrence as alleged. Learned counsel further submits that
there is no substantive material against the petitioner as nothing
incriminating has been recovered from his person or possession.
Therefore, except for confessional statement no material has
come on record against him showing his complicity. Learned
counsel further submits that charge sheet has been submitted.
The petitioner is having antecedent of one case in which he is on
bail. Petitioner is in custody since 20.10.2025.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
vague nature of allegation, period of custody of the petitioner
Patna High Court CR. MISC. No.18466 of 2026(5) dt.24-06-2026
3/3
and submission of charge sheet against the petitioner, the
petitioner is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned JMFC, Patna City/concerned court, in connection with
Bypass P.S. Case No. 500 of 2025, subject to the condition laid
down under Section 480(3) of the BNSS and other following
conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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