Patna High Court
Kishore PalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
Kishore Pal was arrested in connection with a case registered under Sections 127(2), 126(2), 115(2), 117(2), 352, 109 and 3(5) of the Bihar Narcotic Substances Act, 2023, alleging that he and four others assaulted an informant with a lathi and an iron rod. The petitioner, who has been in custody since 24‑11‑2025 and has nineteen prior convictions under the Excise Act, applied for bail. The State opposed the bail on the ground of the seriousness of the offences and the petitioner’s criminal antecedents. The court observed that the allegations were general and omnibus against five persons and, considering the prolonged custody, was inclined to grant bail. Accordingly, the court ordered release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to conditions and the possibility of cancellation for unnecessary adjournments.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and his extensive criminal antecedents.
- Whether the general and omnibus nature of the allegations against five persons justifies bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 117(2), 126(2), 127(2), 3(5), 352
- Excise Act
Subjects
- bail
- criminal procedure
- assault
- omnibus allegation
- prior convictions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33662 of 2026
Arising out of PS. Case No.-385 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Kishore Pal S/o Late Rajendra Pal @ 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. 385 of 2025 registered for the offences under Sections
127(2), 126(2), 115(2), 117(2), 352, 109, 3(5) of BNS 2023.
3. The allegation against the petitioner including five
others is of assaulting on the informant with lathi and iron rod.
4. Learned counsel for the petitioner submits that
there is no specific allegation against the petitioner. He further
submits that the petitioner is in custody since 24.11.2025 and
has nineteen criminal antecedents of Excise Act.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.33662 of 2026(3) dt.24-06-2026
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6. Considering that the allegation is general and
omnibus against 5 persons and 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 Court of Additional
Sessions Judge-IV, Madhubani in connection with
Ladaniya P.S. Case No. 385 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.
9. If unnecessary adjournments will be taken by the
petitioner during trial, the prosecution will be at liberty to file
application for cancellation of bail.
(Ansul, J)
Vikash/-
U T
Patna High Court CR. MISC. No.33662 of 2026(3) dt.24-06-2026
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