Created by Fuzzy Cloud

Patna High Court

Kamlesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.2178 of 2026(3) dt.18-03-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.2178 of 2026(3) dt.18-03-2026
                                                        4/4




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.