Patna High Court
Nayan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Nayan Kumar was arrested in a case registered under Sections 310(4) and 310(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act for alleged participation in a dacoity. The prosecution’s case rests solely on the confessional statements of two co‑accused who, after being seized with firearms, named the petitioner. The petitioner’s counsel argued that there is no direct evidence linking him to the crime and that the co‑accused have already been granted bail. After considering the submissions, the court held that the petitioner is entitled to bail, subject to a cash bond of Rs.10,000, two sureties, and several conditions regarding cooperation, attendance, and non‑interference with evidence. The order also mandates periodic reporting to the police and the court until trial concludes.
Issues considered
- What is the adequacy of the evidence (confessional statements of co‑accused) to justify denial of bail?
- Whether the nature of the offences under the Bhartiya Nyaya Sanhita and the Arms Act warrants denial of bail?
- Whether the petitioner’s custody since 11‑09‑2025 and his criminal history affect the bail decision?
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 310(4), 310(5)
Subjects
- bail
- criminal procedure
- confessional statement
- Arms Act
- Bhartiya Nyaya Sanhita
- dacoity
- evidence
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7500 of 2026
Arising Out of PS. Case No.-527 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Nayan Kumar, Son of Dharmendra Kumar, resident of Village - Dhobini
Bisiyait, Police Station - Meskaur, District - Nawada (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Muffasil
P.S. Case No. 527 of 2025 dated 02.06.2025, instituted for the
offence punishable under Section 310(4), 310(5) of the Bhartiya
Nyaya Sanhita, 2023, and Section 25(1-B)a,26,35 of the Arms
Act.
3. The prosecution case, in short, is that on the alleged
date of occurrence, the police team got a clue that some criminal
gang is planning to commit dacoity. Thereafter, the police team
during patrolling, apprehended two accused persons, namely,
Manish Kumar and Naveen with two motorcycles, who disclosed
the name of the petitioner. They confessed that they had gathered
to commit the robbery. It is alleged that two country-made pistol
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and three live cartridges were recovered from both the
motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner submits that the petitioner
has been made accused in this case only on the basis of
confessional statement of Chandan Kumar and Manish Kumar.
Except confessional statement, there is nothing on record to
connect the petitioner with the alleged crime. It is further
submitted that the Chandan Kumar and Manish Kumar, who were
apprehended at the spot and arms were recovered from them, have
been granted bail vide order dated 09.09.2025 & 09.01.2026
passed by co-ordinate Benches of this Court in Criminal
Miscellaneous Nos. 60573 of 2025 & 85708 of 2025 respectively
(Annexure-P/2 & P/3). Lastly, it has been submitted that the
petitioner is in custody since 11.09.2025 having eight scriminal
cases against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
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to the satisfaction of the learned Chief Judicial Magistrate, Gaya in
Muffasil P.S. Case No. 527 of 2025, as well as the following
conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
Patna High Court CR. MISC. No.7500 of 2026(2) dt.04-02-2026
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5. The petitioner within two weeks after his release
from custody shall appear before the local police
station along with a copy of this order and thereafter
shall appear in the first week of every month to mark
his attendance till the conclusion of trial.
(Khatim Reza, J)
premchand/-
U T
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