Patna High Court
Kunadan Kumar @ Kundan Mahto @ Kundan Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Kundan Kumar, was charged under Sections 109, 309(6), 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act for allegedly being part of a gang that fired at Chandan Kumar and stole a laptop. The prosecution alleged that three unknown persons on a motorcycle committed the offence, and a co-accused's confessional statement named the petitioner. The petitioner claimed innocence and pointed out that other co-accused, Manish Kumar and Suraj Kumar, had already been granted bail. The State opposed bail, arguing the seriousness of the charges. The court, noting the lack of direct evidence against the petitioner and the precedent of bail to co-accused, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and the inclusion of his name in a co-accused's confessional statement.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 309(6), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- co-accused
- confessional statement
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62333 of 2025
Arising Out of PS. Case No.-380 Year-2024 Thana- DALSINGHSARAI District- Samastipur
======================================================
Kunadan Kumar @ Kundan Mahto @ Kundan Kumar Mahto S/o Bablu
Mahto @ Babalu Mahto R/o Village- Bhatgama, Ward No 27, Under Nagar
Parishad, Dalsinghsarai, PS- Dalsinghsarai, Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Khushi Awadh
For the Opposite Party/s : Mr.Anish Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections-109, 309(6), 3(5) of the BNS,
2023 and Section-27 of the Arms Act.
3. As per prosecution case, three unknown persons
riding on a motorcycle fired upon the informant's brother-in-law
namely Chandan Kumar causing gun shot injury and snatched
his laptop.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. The co-accused Manish Kumar @ Bholu in whose
confessional statement, the name of the petitioner figured, has
Patna High Court CR. MISC. No.62333 of 2025(5) dt.02-02-2026
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been granted bail. The said Manish Kumar was arrested in
another case and in that case, his confessional statement was
elicited. On exactly similar footing, the co-accused Suraj Kumar
@ Seth has also been granted bail by order dated 13-01-2026
passed in Cr. Misc. No. 90182 of 2025.
5. Learned APP has opposed the prayer for bail.
6. The FIR is against unknown persons. None has
seen the occurrence and on similar footing, the other co-accused
persons including the co-accused in whose statement, the name
of the petitioner has figured, has been granted bail.
7. Considering the aforesaid facts and circumstances,
let the petitioner named above, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-Ist, Dalsinghsarai, Samastipur in connection
with Dalsinghsarai P.S. Case No. 380 of 2024 with condition
that the petitioner shall cooperate with the trial of the case and
make himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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