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Patna High Court

Kunadan Kumar @ Kundan Mahto @ Kundan Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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