Patna High Court

Kailash @ Kailash Singh @ Kailash YadavversusThe State of Bihar

Decided: 17 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Kailash Singh, sought regular bail in a criminal case (PS Case No. 337 of 2025) involving offences under sections 140(3), 103(1), 140(1), 238 and 61(2) of the B.N.S. The prosecution alleged that a vehicle was used to kidnap a person whose body was later found, and that the petitioner’s name appeared in the investigation based on a co‑accused’s confession. The petitioner argued he was not named in the FIR, had no incriminating material, and was unrelated to the vehicle or the land dispute surrounding the deceased; he also pointed out that other co‑accused had already been granted bail. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the court found insufficient evidence linking the petitioner to the crime and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under sections 140(3), 103(1), 140(1), 238 and 61(2) of the B.N.S.
Whether the petitioner’s alleged involvement, based solely on a co‑accused’s confession, warrants denial of bail

Legislation cited

B.N.S. — s. 103(1), 140(1), 140(3), 238, 61(2)

Subjects

regular bail
criminal procedure
B.N.S.
sections 140, 103, 238, 61
land dispute
kidnapping
murder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19053 of 2026
                    Arising Out of PS. Case No.-337 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Kailash @ Kailash Singh @ Kailash Yadav Son of Late Jodhi Yadav R/o
                 Village - Kohra Tola, Bhanshraj Bigha, P.S. - Tehta Makhdumpur, Distt. -
                 Jehanabad.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Paras Nath, Advocate
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   17-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 140(3)

                   103(1), 140(1), 238 and 61(2) of B.N.S.

                                3. The case of the prosecution is that the uncle of the

                   informant who has gone to civil court has not returned yet. It is

                   further alleged that one Xylo vehicle having Registration No.

                   BR.02M/2363 was being used for kidnapping him. Later on, his

                   dead body was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.19053 of 2026(3) dt.17-04-2026
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          counsel for the petitioner has submitted that the petitioner is not

          named in the FIR. During course of investigation, his name has

          surfaced on the basis of confessional statement of co-accused

          person. There is no role of this petitioner in the alleged

          occurrence. During course of investigation, it has come that

          there was land dispute of the deceased with many persons.

          Nothing incriminating article has been recovered from the

          possession of this petitioner. He has no concern with the alleged

          vehicle in question. Moreover, he is languishing in judicial

          custody since 28.05.2025. Learned counsel has further

          submitted that other co-accused persons have already been

          granted bail by this court vide Cr. Misc. Nos. 49546 of 2025 and

          77729 of 2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that petitioner is having one criminal antecedent.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Jehanabad P.S. Case No. 337 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount
             Patna High Court CR. MISC. No.19053 of 2026(3) dt.17-04-2026
                                                         3/3




                       each to the satisfaction of learned Chief Judicial Magistrate,

                       Jehanabad.



                                             (Ashok Kumar Pandey, J)
lata/-

U        T

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