Patna High Court
Kamlesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner is entitled to regular bail.
Summary
The petitioner, Kamlesh Kumar Singh, applied for regular bail in a case registered under sections 310(2) and 311 of the Bharatiya Nyaya Sanhita, 2023, alleging robbery and assault. The prosecution alleged that unknown assailants, including the petitioner, entered a house, assaulted the informant, and stole cash and jewellery. The petitioner contended that the FIR was lodged against unknown persons, he was arrested only on suspicion, no incriminating article was recovered, and he had not been subjected to a T.I. parade. The State opposed bail, citing the petitioner's confession and mobile‑tower evidence placing his phone near the crime scene. After considering the lack of physical evidence, the duration of pre‑trial detention, and the submission of the charge‑sheet, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond and sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged confession and mobile‑tower evidence.
- Whether the absence of recovered incriminating articles and the length of pre‑trial detention justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 311
Subjects
- regular bail
- pre‑trial detention
- confession
- mobile tower evidence
- Bharatiya Nyaya Sanhita
- sections 310(2) and 311
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75469 of 2025
Arising Out of PS. Case No.-111 Year-2025 Thana- ANDHRATHARHI District- Madhubani
======================================================
Kamlesh Kumar Singh, S/o Raslal Singh, R/o Village-Ramna Navtoli,
Ramana Navtol, Ward No. 15, P.S- Jaynagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Andhratharhi P.S. Case
no.111 of 2025, registered under sections 310(2) and 311 of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that while he was at home along with his family, seven to eight
unknown accused persons entered his house and on the point of
pistol brutally assaulted him with a rod on his head. They
committed loot of Rs.3 lacs in cash besides jewellery worth
Rs.15 lacs.
4. Learned counsel for the petitioner submits that the
F.I.R. was registered against unknown. The petitioner was taken
into custody only on the basis of suspicion and his confessional
Patna High Court CR. MISC. No.75469 of 2025(4) dt.11-02-2026
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statement was recorded on a piece of paper forcibly. No
incriminating article has been recovered from the possession of
the petitioner and he has not been put on T.I. Parade. The
petitioner is in custody since 30.7.2025 and charge-sheet has
been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State who having perused the case diary though
not contesting the submissions made on behalf of the petitioner
submits that the petitioner has confessed to having committed
the crime. It has further transpired in course of investigation that
the mobile being used by the petitioner, as per the tower
location, was in the vicinity of the area where the crime took
place.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
material that has transpired in course of investigation, no
incriminating article having been recovered from the petitioner’s
possession, the petitioner not having been put on T.I. Parade, the
petitioner having remained in custody for over 6 months since
30.7.2025 and charge-sheet having been submitted in the case,
the petitioner is directed to be enlarged on bail in connection
with Andhratharhi P.S. Case no.111 of 2025, on furnishing bail
Patna High Court CR. MISC. No.75469 of 2025(4) dt.11-02-2026
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bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned District
and Additional Sessions Judge-III, Jhanjharpur, District-
Madhubani.
(Partha Sarthy, J)
avinash/-
U T
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