Patna High Court
Kaila kumarversusThe Sate of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with conditions of cooperation, appearance, and a bail bond.
Summary
Petitioner Kaila Kumar applied for bail in a case involving alleged offences under Section 310(2) of the B.N.S., 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution alleged that masked miscreants armed with country‑made weapons snatched a mobile phone and Rs.4,100 from an informant, and identified one accused, Suman Mandal. The petitioner contended that his name does not appear in the FIR and was only mentioned in the confessional statement of co‑accused Nitesh Kumar, with no material recovery or TIP conducted, and that he has been in judicial custody since 26‑01‑2026. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the Court granted bail on the condition that the petitioner cooperate with the trial, appear on all court dates, and furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the B.N.S., 2023 and the Arms Act.
- Whether the evidence, limited to a co‑accused's confessional statement, is sufficient to justify continued detention.
- Whether the petitioner’s prior criminal antecedents warrant denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- B.N.S., 2023 — s. 310(2)
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S. 2023
- confessional statement
- prior criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25001 of 2026
Arising Out of PS. Case No.-134 Year-2025 Thana- SABAUR District- Bhagalpur
======================================================
Kaila kumar S/o Ramdhin Mandal R/o Vill. - Lailakh, P.S. - Sabour, District -
Bhagalpur.
... ... Petitioner/s
Versus
The Sate of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate.
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 02-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Section 310(2) of the B.N.S., 2023 and
Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that unknown
miscreants who have masked their faces were armed with
country-made weapons and snatched the mobile and Rs. 4,100/-
from the informant and his friends. They were able to identify one
of the accused, namely, Suman Mandal @ Matra.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that the name of this petitioner is not there in the FIR;
Patna High Court CR. MISC. No.25001 of 2026(4) dt.02-07-2026
2/2
rather, his name has surfaced during the course of investigation in
the confessional statement of co-accused Nitesh Kumar. Save and
except the confessional statement of the co-accused, there is
nothing against the petitioner. No recovery has been made and no
TIP was conducted. He further submits that the petitioner is
languishing in judicial custody since 26.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has got criminal
antecedent of three cases.
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 with the conditions that
the petitioner shall cooperate in the trial and shall remain
physically present on each and every date fixed by the learned
court below. The above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in
connection with Sabour P.S. Case No. 134 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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