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Patna High Court

Kishore PalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that, on the basis of the petitioner’s undertaking and the length of his custody, bail should be granted.

Summary

Kishore Pal was arrested in connection with a case in Ladaniya police station for allegedly firing at an informant, causing a neck injury. He is charged under Sections 126(2), 115(2), 109, 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act, 1959. The petitioner, who has been in custody since 24‑11‑2025, applied for bail, offering an undertaking not to seek unnecessary adjournments and to cooperate with the trial. The State opposed the bail, but the court considered the petitioner’s undertaking and the prolonged custody period. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, emphasizing that the order is prima facie and does not prejudice the trial.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences under the Bihar Narcotic Substances Act and the Arms Act
  • Whether the petitioner’s undertaking and the duration of custody justify the grant of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Bihar Narcotic Substances Act
  • custody
  • undertaking

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33661 of 2026
                     Arising out of PS. Case No.-386 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Kishore Pal S/o Late Rajendra Pal R/o Village- Gajhara, P.S- Ladaniya, Distt.-
                 Madhubani.                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ratnakar Jha, Adv.
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER
3   24-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                   2. The petitioner seeks bail in Ladaniya P.S. Case

                   No. 386 of 2025 registered for the offences under Sections

                   126(2), 115(2), 109, 3(5) of BNS 2023 and Section 27 of Arms

                   Act.

                               3. The allegation is that the petitioner including five

                   others had fired on the informant due to which he sustained fire

                   arm injury near the neck.

                               4. Learned counsel for the petitioner submits that the

                   charge-sheet has already been submitted in the case and the

                   petitioner is no more required for investigation. The petitioner

                   undertakes that he will not seek unnecessary adjournment

                   during trial so that the trial may be concluded within a

                   reasonable time. If he fails to abide by the undertaking given by

                   him the prosecution will be at liberty to file application for
                 Patna High Court CR. MISC. No.33661 of 2026(3) dt.24-06-2026
                                             2/2




            cancellation of bail. He also submits that the petitioner is in

            custody since 24.11.2025.

                      5. Learned Additional Public Prosecutor for the State

            has vehemently opposed the prayer for bail of the petitioner.

                      6. Considering the undertaking given by the petitioner

            and that the petitioner is in custody since 24.11.2025, this Court

            is inclined to grant bail to the petitioner.

                      7. Let the petitioner, above named, be released

            on bail on furnishing bail bonds of Rs. 10,000/- (Ten

            thousand) with two sureties of the like amount each to

            the satisfaction of learned Chief Judicial Magistrate,

            Madhubani in connection with Ladaniya P.S. Case No.

            386 of 2025.

                       8. It is made clear that any observation made

            herein is prima facie in nature and limited solely for

            the purpose of            adjudication of             the    present   bail

            application. Such observations shall not be construed

            as an expression on the merits of the case and shall not

            influence the trial or any other proceedings in any

            manner.


                                            (Ansul, J)
Vikash/-
U       T


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