Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioners, subject to conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioners, Kundan Kumar and Deepak Kumar, were arrested in connection with a robbery of a vegetable vendor’s vehicle and charged under Section 309(4) of the Bihar Narcotic Substances Act, 2023. They applied for bail, contending that they were falsely implicated, that no incriminating material was recovered from them, and that the prosecution’s case relied solely on a confessional statement of a co‑accused, which lacks legal sanctity. The State opposed the bail application. After considering the chargesheet, the length of custody since February 2025, and the lack of substantive evidence, the Court ordered their release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the Bihar Narcotic Substances (Special) Act. The bail order also required a close relative as one of the bailors and mandated the petitioners’ presence at all court dates, with cancellation provisions for non‑compliance. Consequently, the petition for bail was granted.
Issues considered
- Whether bail should be granted to the accused under Section 309(4) of the B.N.S., 2023 given the nature of the evidence and the period of custody.
Legislation cited
- B.N.S., 2023 — s. 309(4)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- Section 309(4)
- Section 480(3)
- investigation
- confessional statement
- Bihar High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- KHIJARSARAI District- Gaya
======================================================
1. Kundan Kumar Son of Binod Ravidas @ Vinod Ravidas, Resident of
Village- Satamas PS -Mahkar District -Gaya
2. Deepak Kumar son of Manohar Manjhi, Resident of Village - Keori, Ps-
Mahkar, Dist- Gaya
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Khizarsarai P.S. Case No. 12 of 2025 dated
20.01.2025, registered for the offence punishable under Section
309(4) of the B.N.S., 2023.
3. As per the prosecution case, informant loaded
beetroot on his pick-up vehicle and has been taking the same to
the market. Some miscreants obstructed his path by putting a
four-wheeler before his pick-up vehicle and snatched the goods,
mobile phone and Rs. 4,500/- from the informant. Thereafter,
they put him in the Scorpio vehicle threatening him with life and
lastly, they left him by tying his hands and legs. The name of the
petitioners transpired during investigation for being involved in
Patna High Court CR. MISC. No.2 of 2026(3) dt.25-02-2026
2/3
the said occurrence of looting the vehicle of informant.
4. Learned counsel appearing on behalf of the
petitioners submits that petitioners are innocent and they have
falsely been implicated in the present case. Nothing
incriminating was recovered from person or possession of the
petitioners. The police failed to properly investigate the matter
and did not trace out the real culprits in the present case and
merely on the basis of suspicion and criminal antecedents of the
petitioners, they have been made accused in this case. During
whole investigation no material came up against these
petitioners, except the confessional statement of the co-accused
persons which in any case has got no legal sanctity. After the
police arrested the petitioners in one case, a number of cases
have falsely been imposed upon the petitioners showing them to
be also involved in all these cases. These cases are from the year
2024 and 2025 and thus, in the name of the petitioners
antecedent of twelve cases have been shown. Learned counsel
lastly submits that petitioners are in custody since 12.02.2025
and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.2 of 2026(3) dt.25-02-2026
3/3
submission of chargesheet and period of custody of the
petitioners, the petitioners, above-named, are 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 Judicial Magistrate 1 st
Class, Gaya / concerned Court, in connection with Khizarsarai
P.S. Case No. 12 of 2025, subject to the condition laid down
under Section 480(3) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners 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
petitioners will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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