Patna High Court
Kamlesh Kumar @ Lalu @ Kamlesh Singh RajputversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to both petitioners subject to a bond of Rs.10,000 each and specified conditions.
Summary
The Patna High Court heard two bail applications arising from the same FIR (Case No. 55 of 2020) involving offences under Sections 394, 397, 302 of the Indian Penal Code and Section 27 of the Arms Act. The petitioners, Kamlesh Kumar and Manu Singh, were in judicial custody since April and May 2025 and alleged that they were falsely implicated, their names having been recorded only through confessional statements of co‑accused Nitesh Kumar and Sonelal Kumar Yadav. The petitioners argued that police confessions are inadmissible and that a co‑accused, Sonelal Kumar, had previously been granted bail. The State opposed bail, noting one petitioner’s other pending case but acknowledging the names were not in the FIR. The Court, noting the similarity to the co‑accused who received bail and the lack of direct FIR naming, granted bail to both petitioners on a bond of Rs.10,000 each with two sureties and imposed conditions regarding court attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to accused whose names were not mentioned in the FIR but were derived from confessional statements of co‑accused.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 394, 397
Subjects
- bail
- confessional statements
- Indian Penal Code
- Arms Act
- criminal procedure
- co‑accused
- evidentiary value of police confessions
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47412 of 2025
Arising Out of PS. Case No.-55 Year-2020 Thana- KALYANPUR District- East Champaran
======================================================
Kamlesh Kumar @ Lalu @ Kamlesh Singh Rajput S/o Raghunath Singh R/O
Village- Chitariya, PS- Kotwa, District- East Champaran At Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 50957 of 2025
Arising Out of PS. Case No.-55 Year-2020 Thana- KALYANPUR District- East Champaran
======================================================
Manu Singh @ Abhimanu Singh @ Abhimanyu singh @ Abhimanyu Kumar
Son of Rambabu Singh village- Chitriya, ps- Kotwa, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 47412 of 2025)
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
(In CRIMINAL MISCELLANEOUS No. 50957 of 2025)
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
8 16-03-2026 These two bail applications arising from the same
P.S. and they are being heard together and are disposed of by
this common order.
2. Heard Mr. Shashank Shekhar and Mr. Suraj Kumar
Tiwari, learned counsels for the petitioners and Mr. Aditya
Narayan Singh and Mr. Dr. Mrityunjaya Kumar Gautam,
learned APPs for the State.
3. Petitioners seek bail, who are in custody since
28.04.2025 and 14.05.2025 in connection with Kalyanpur P.S.
Patna High Court CR. MISC. No.47412 of 2025(8) dt.16-03-2026
2/4
Case No. 55 of 2020, F.I.R. dated 05.03.2020 for the offences
punishable under Sections 394 and 397 of the Indian Penal Code
and section 27 of the Arms Act. Later on section 302 of the
Indian Penal Code was added.
4. Allegation against the petitioners are that they
along with other accused persons are alleged to have fired upon
the daughter of the informant and looted the motorcycle.
5. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. Learned counsel further submits that the
petitioners are not named in the FIR and their names have been
transpired during investigation on the basis of confessional
statement of co-accused persons, namely, Nitesh Kumar and
Sonelal Kumar Yadav @ Sonelal Kumar. Thereafter, the
petitioners have also confessed their guilt in the present
occurrence. He further submits that the confession before the
police is no value in the eye of law. Apart from the aforesaid,
co-accused Sonelal Kumar Yadav @ Sonelal Kumar, who has
disclosed the name of the petitioners has been granted bail by a
coordinate Bench of this Hon’ble Court vide order dated
23.08.2021 passed in Cr. Misc. No. 10391 of 2021. He further
submits that the petitioners are in judicial custody since
Patna High Court CR. MISC. No.47412 of 2025(8) dt.16-03-2026
3/4
28.04.2025 and 14.05.2025.
6. Learned APP for the State has vehemently opposed
the prayer for bail and submits that although the petitioners are
not named in the FIR but their involvement have come during
investigation. Petitioner, namely, Kamlesh Kumar @ Lalu @
Kamlesh Singh carries one more case other than the present one
but fairly submits on the basis of paragraph 3 of the bail petition
that the petitioner is on bail in the pending matter whereas
petitioner, namely, Manu Singh @ Abhimanu Singh @
Abhimanyu singh @ Abhimanyu Kumar having clean
antecedent.
7. Considering the aforesaid facts and circumstances
of the case and also the fact that the petitioners are not named in
the FIR, their names have been transpired on the basis of
confessional statement of co-accused persons and similarly
situated co-accused person, namely, Sonelal Kumar Yadav @
Sonelal Kumar has been granted regular bail by a coordinate
Bench of this Hon’ble Court, let the petitioners, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, East
Champaran at Motihari/concerned court in connection with
Patna High Court CR. MISC. No.47412 of 2025(8) dt.16-03-2026
4/4
Kalyanpur P.S. Case No. 55 of 2020, with the following
conditions:
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
Checking your session…