Patna High Court
Kashmir KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Kashmir Kumar was arrested in connection with a robbery of fifty lakh rupees and charged under several sections of the Bihar Negotiable Instruments Act and the Arms Act. The prosecution’s case relied on a confessional statement by the petitioner and another accused, Chandan, who implicated him, while no formal First Information Report was filed. The petitioner argued his innocence, lack of prior criminal record, and that the only evidence against him was the confessional statements. He had been in judicial custody since 12 January 2026 and sought regular bail. After hearing both sides, the court found the evidence insufficient to deny bail and ordered his release on a bail bond of Rs.10,000 with two sureties, directing compliance with the Chief Judicial Magistrate, Jamui.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences and reliance on confessional statements.
- Whether the absence of a First Information Report and lack of prior criminal antecedent justify bail.
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 35
- Bihar Negotiable Instruments Act — s. 109, 126(2), 311, 317(2), 317(5), 377(2)
Subjects
- regular bail
- confessional statement
- Arms Act
- Bihar Negotiable Instruments Act
- judicial custody
- no prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29845 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- MALAYPUR District- Jamui
======================================================
Kashmir Kumar son of Ashok Thathera Resident of Village-Bhachhiyar, P.s-
jamui, District-jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Raj, Advocate
For the Opposite Party/s : Mrs. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2), 109,
311, 317(2), 377(2), 317(5) of BNS and Sections 25(1-B)A, 26
and 35 of the Arms Act.
3. The case of the prosecution is that some unknown
miscreants have looted rupees fifty lakhs from the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that after four days of
occurrence, he was apprehended with Rs. 10,000/- and
thereafter, the police has extracted his confessional statement.
During course of investigation, one Chandan was apprehended
Patna High Court CR. MISC. No.29845 of 2026(2) dt.06-05-2026
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and he has also given his confessional statement and he has
named this petitioner. Learned counsel has submitted that the
cash which was recovered from the petitioner, belongs to him.
During course of investigation, no TIP was conducted. Save and
except confessional statement, there is nothing against this
petitioner. A statement has been made in para-3 of this petition
that the petitioner has got no criminal antecedent. Moreover, he
is languishing in judicial custody since 12.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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. The above named
petitioner is directed to be released on bail in connection with
Malaypur P.S. Case No. 4 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Jamui.
(Ashok Kumar Pandey, J)
shubham/-
U T
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