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
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 3(5)
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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