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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, finding insufficient evidence to justify continued detention.

Summary

The petitioners, Kundan Kumar and Mandan Kumar, were arrested in connection with a theft of Rs.5,00,180 and two mobile phones under Section 309(4) of the B.N.S. The FIR does not name them; their alleged involvement stems solely from a co-accused's confessional statement, and no stolen items were recovered from them. The petitioners argued they were falsely implicated and sought regular bail, while the State opposed the bail. The court noted the absence of their names in the FIR, lack of material evidence, no recovery of articles, and the fact that no Test Identification Parade was conducted. Considering these circumstances, the court ordered their release on bail upon furnishing a bond of Rs.10,000 with two sureties each.

Issues considered

  • Whether bail should be granted when the accused are not named in the FIR and there is no material evidence linking them to the alleged theft

Legislation cited

Subjects

  • bail
  • false implication
  • FIR
  • confessional statement
  • no recovery of stolen articles
  • Criminal Procedure Code
  • Section 309(4) B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.420 of 2026
                    Arising Out of PS. Case No.-357 Year-2025 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
           1.     Kundan Kumar S/O Ashok Mandal Resident of village- Ghailadh, ward No.
                  06, P.S.- Ghailadh, Dist.- Madhepura.
           2.     Mandan Kumar S/O Ashok Mandal Resident of village- Ghailadh, ward No.
                  06, P.S.- Ghailadh, Dist.- Madhepura.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Patla Kumari, Advocate
                 For the Opposite Party/s :      Mr. Dilip Kumar No. 1, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are in custody in connection with

                   Triveniganj P.S Case No. 357 of 2025                     registered for the

                   offences punishable under Sections 309(4) of B.N.S.

                                3. As per prosecution case, four unknown persons

                   have snatched the money amounting Rs. Five Lakh Seven

                   Hundred Eighty Rupees and two mobile phones from the

                   informant.

                                4. Learned counsel for the petitioners submits that

                   petitioners have falsely been implicated in this case. It is further

                   submitted that no incriminating articles have been recovered

                   from the possession of the petitioners. It is also submitted that
           Patna High Court CR. MISC. No.420 of 2026(2) dt.15-01-2026
                                                       2/2




                     petitioners are in judicial custody since 16.07.2025.

                                  5. However, learned APP for the State oppose the

                     prayer for regular bail of the petitioners.

                                  6. On perusal of the FIR and impugned order, it

                     appears that petitioners are not named in FIR their names

                     transpired from the confessional statement of the co-accused.

                     No looted articles have been recovered from the conscious

                     possession of the petitioners as submitted by the learned counsel

                     for the petitioners. Investigation is already concluded,

                     accordingly,       charge-sheet         submitted.   Further,   no   Test

                     Identification Parade was conducted by the Investigating Officer

                     during investigation.

                                  7. Considering the aforesaid facts and circumstances

                     of the case and submissions made on behalf of the petitioners,

                     let the above named petitioners be released on bail on furnishing

                     bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties

                     of the like amount each to the satisfaction of learned CJM,

                     Supaul in connection with Triveniganj P.S Case No. 357 of

                     2025.



                                          (Ramesh Chand Malviya, J)
Mayank/-
U     T


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