Patna High Court

Kamlesh KumarversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner as the evidence against him was insufficient and his antecedents were clean.

Summary

The petitioner, Kamlesh Kumar, applied for bail in a criminal case registered under Sections 103(1) and 3(5) of the B.N.S. concerning the murder of an informant's husband. The prosecution alleged that the deceased was found dead on 04‑07‑2025 and that the petitioner was implicated only through the confessional statement of co‑accused Mamta Devi. Mamta Devi’s statement identified another co‑accused, Rahul Kumar, as the assailant, and the petitioner was not named in the FIR. The petitioner argued that he has no criminal antecedents, has been in custody since 08‑07‑2025, and that the evidence against him is tenuous. The court, after considering the lack of direct evidence, the clean record of the petitioner, and the circumstances of his custody, granted bail on a bond of Rs.10,000 with two sureties. Consequently, the petitioner was ordered to be released on bail.

Issues considered

Whether bail should be granted to the petitioner who is not named in the FIR but is implicated through a co‑accused’s confessional statement
Whether the petitioner’s clean antecedents and period of custody justify bail despite the seriousness of the alleged offence

Legislation cited

B.N.S. — s. 103(1), 3(5)

Subjects

bail
criminal procedure
murder
confessional statement
co‑accused
clean antecedents
B.N.S.
Section 103
Section 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.65 of 2026

                   Arising Out of PS. Case No.-355 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Kamlesh Kumar Son of Ram Awadh Mahto Resident of village - Rajwara,
                 P.S.- Sahebganj, District - Muzaffarpur.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sagar Kumar, Advocate
                 For the State           :        Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103(1) and 3(5) of the

                   B.N.S..

                                3. As per prosecution case, on 02.07.2025 at about 10

                   PM in the night, husband of informant went to attend call of

                   nature but did not return. After lot of search, on the 04.07.2025

                   at about 4:30 PM, dead body of husband of informant was

                   recovered from Chikna Chaur.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.65 of 2026(2) dt.13-02-2026
                                            2/3




          petitioner is quite innocent and has committed no offence.

          Petitioner is not named in the F.I.R.. Name of petitioner

          transpired in this case during course of investigation only on the

          basis of confessional statement of co-accused Mamta Devi.

          Even as per confessional statement of co-accused Mamta Devi,

          it was co-accused Rahul Kumar who assaulted the deceased.

          Moreover, co-accused Mamta Devi has already been granted

          bail by this Hon’ble Court vide order dated 19.11.2025 passed in

          Cr. Misc. No. 78529 of 2025. Charge-sheet has already been

          submitted and petitioner, having no criminal antecedents, is in

          custody since 08.07.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, materials that have surfaced during course of investigation,

          claim based on parity, clean antecedents of the petitioner and

          period of custody, the prayer for grant of bail to the petitioner is

          allowed.

                       7. Accordingly, let the above named petitioner 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 District and Sessions Judge-
             Patna High Court CR. MISC. No.65 of 2026(2) dt.13-02-2026
                                                         3/3




                       XI, Muzaffarpur in connection with Sahebganj P.S. Case No.

                       355 of 2025.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T

Continue reading with your account

Checking your session…