Created by Fuzzy Cloud

Patna High Court

Kamlesh Kumar @ Lalu @ Kamlesh Singh RajputversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.