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Patna High Court

Kundan Kumar @ BochahaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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 BN​S.

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 BN​S 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 BN​S 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) BN​S and 27 Arms Act.

Legislation cited

  • Arms Act — s. 27
  • BN​S — 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
                                            2/3




          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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