Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- B.N.S. — s. 309(4)
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
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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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