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Patna High Court

Nayan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.7500 of 2026(2) dt.04-02-2026
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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
Patna High Court CR. MISC. No.7500 of 2026(2) dt.04-02-2026
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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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