Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
Kundan Kumar was arrested in connection with a robbery and assault case (PS Case No. 563 of 2025) alleged under Sections 310(2) and 311 of the Bharatiya Nyaya Sanhita, 2023. The prosecution claimed he was part of a gang that attacked an informant and stole his motorcycle and cash. The petitioner argued he was falsely implicated, not named in the FIR, and identified only through a questionable identification parade, with no incriminating material recovered from his possession. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. The High Court, considering the lack of direct evidence and the period of custody, granted bail on the condition of a Rs. 15,000 bond, two sureties, and compliance with procedural conditions.
Issues considered
- Whether bail can be granted in offences punishable under Sections 310(2) and 311 of the Bharatiya Nyaya Sanhita, 2023.
- Whether identification parade evidence alone suffices to justify continued detention.
- Whether the petitioner’s non-mention in the FIR and absence of seized incriminating articles affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 311
Subjects
- bail
- Bharatiya Nyaya Sanhita
- attempt to murder
- identification parade
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2467 of 2026
Arising Out of PS. Case No.-563 Year-2025 Thana- DHANARUA District- Patna
======================================================
Kundan Kumar Son of Sri Kapildev Singh @ Kapildev Prasad @ Kapil
Prasad Yadav Resident of Village- Lanzo, P.S.- Pali, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Dhanarua P.S. Case No. 563 of 2025 instituted for the offences
under Sections 310(2), 311 of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that on 14.09.2025 at
about 7:40 PM, while the informant was returning from Punpun
on his motorcycle, six unknown persons on two bikes
intercepted him, assaulted him with the butt of a pistol causing
head injury, and robbed him of his motorcycle and bag. The bag
allegedly contained ₹16,000 cash, one mobile phone, and other
documents.
Patna High Court CR. MISC. No.2467 of 2026(2) dt.21-01-2026
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4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case during investigation only on the basis of
suspicion. No incriminating article has been recovered from the
conscious possession of the petitioner. Learned counsel further
submitted that petitioner has got no concern with the looted
articles. Learned counsel further submitted that the police had
given the photograph of the petitioner to the informant and he
identified the petitioner. He further contended that such a Test
Identification Parade is non-est in the eye of law. Charge-sheet
has been submitted in this case. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
20.09.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
Patna High Court CR. MISC. No.2467 of 2026(2) dt.21-01-2026
3/3
the like amount each to the satisfaction of Court
below/concerned Court in connection with Dhanarua P.S. Case
No. 563 of 2025 , subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) 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.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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