Patna High Court
Kamlesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and conditions.
Summary
Kamlesh Yadav was arrested on 4 June 2025 in connection with a 2013 blast case (P.S. Case No. 47, 2013) involving offences under the IPC, B.D.P.P. Act, Explosive Substance Act, C.L.A. Act and U.P.P.A. Act. The prosecution’s case relied on an informant’s testimony and the confessional statement of co‑accused Lallan Yadav, as the petitioner’s name does not appear in the FIR. The petitioner contended that he was falsely implicated and that the charge was fabricated, seeking bail. The State opposed bail, noting two other pending cases against the petitioner, though he was already on bail in those matters. The Court observed that the petitioner’s name had only emerged from a co‑accused’s confession and, considering the lack of direct FIR mention and the bail already granted to Lallan Yadav, ordered his release on bail with a Rs 10,000 bond and specific conditions.
Issues considered
- Whether bail should be granted to a petitioner whose name does not appear in the FIR but was implicated through a co‑accused’s confessional statement.
Legislation cited
- C.L.A. Act — s. 17
- Indian Penal Code — s. 147, 148, 149, 302, 427
Subjects
- bail
- criminal procedure
- confessional statement
- FIR
- co‑accused
- explosive substances
- murder
- dacoity
- section 302 IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2178 of 2026
Arising Out of PS. Case No.-47 Year-2013 Thana- KHUDWA District- Aurangabad
======================================================
Kamlesh Yadav S/o Late Kaial Yadav R/o Village- Padrahi Salempur, P.S-
Rafiganj, Dist- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Chandra Bhaskar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-03-2026 Heard Mr. Santosh Chandra Bhaskar, learned counsel
for the petitioner and Mr. Bhanu Pratap Singh, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
04.06.2025 in connection with Khudawan P.S. Case No. 47 of
2013, F.I.R. dated 18.10.2013 for the offences punishable under
Sections 147, 148, 149, 427 and 302 of the Indian Penal Code
and section 3/4 of the B.D.P.P. Act, Section 3, 4, 5 of Explosive
Substance Act and section 17 of C.L.A. Act and section 10/20 of
U.P.P.A. Act.
3. According to prosecution case, the informant
alleged that on 17.10.2013, when she was returning with one
Arun Pandey, then she saw her husband and other persons going
in vehicle and after that a blast happened in which her husband
Patna High Court CR. MISC. No.2178 of 2026(3) dt.18-03-2026
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and other died. The informant identified the accused persons.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. He further submits that the petitioner is not
named in the FIR. The name of the petitioner has been
transpired during investigation on the basis of confessional
statement of co-accused person, namely, Lallan Yadav and said
Lallan Yadav has been granted regular bail by this Court vide
order dated 31.01.2026 passed in Cr. Misc. No. 80242 of 2025
and several other co-accused persons have been granted bail by
different coordinate Benches of this Hon’ble Court. He further
submits that the Police after investigation submitted charge-
sheet against the petitioner and the petitioner is in judicial
custody since 04.06.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail and submits that petitioner carries two more
cases other than the present one but fairly submits on the basis
of paragraph 3 of bail petition that the petitioner is on bail in
both the pending matters.
6. Considering the aforesaid facts and circumstances
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and also the fact that the petitioner is not named in the FIR, the
name of the petitioner has been transpired during investigation
on the basis of confessional statement of co-accused person,
namely, Lallan Yadav and said Lallan Yadav has been granted
regular bail by this Court, 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 S.D.J.M., Daudnagar, District-
Aurangabad, in connection with Khudawan P.S. Case No. 47 of
2013, with 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 her absence on two consecutive dates without sufficient
reason, his/her 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
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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)
Ranjeet/-
U T
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