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Patna High Court

Kamlesh Kumar @ Kamlesh MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Kamlesh Kumar, was charged under IPC sections 147, 148, 149, 307 and Section 27 of the Arms Act for allegedly participating in a violent assault and shooting that injured two persons. The prosecution alleged that the accused, armed with rifles, guns, axes and other weapons, stopped and fired at the informant and his brother, causing serious injury. The petitioner claimed innocence, asserted that he had been falsely implicated, had no prior criminal record, and had been in custody since August 2, 2025. The court, after hearing counsel, found the petitioner's claim of innocence and lack of antecedents sufficient to grant regular bail. Accordingly, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences under IPC sections 147, 148, 149, 307 and Arms Act Section 27

Legislation cited

Subjects

  • regular bail
  • IPC
  • Arms Act
  • criminal procedure
  • presumption of innocence
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.757 of 2026
                         Arising Out of PS. Case No.-684 Year-2023 Thana- JAMUI District- Jamui
                 ======================================================
                 Kamlesh Kumar @ Kamlesh Mahto Son of Mogal Mahto @ Sita Ram Mahto
                 Resident of village - Amarath, P.S.- Jamui, Distt.- Jamui.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumari Anupam
                 For the Opposite Party/s :        Mr.Md. Shakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   18-06-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner seeks regular bail in connection

                   with Jamui P.S. Case No. 684 of 2023 registered for the offence

                   under Sections 147, 148, 149, 307 of the Indian Penal Code and

                   under Section 27 of the Arms Act.

                                   3. As per the prosecution case, when the informant

                   and his brother were returning after grazing their bufallows, the

                   accused persons including the petitioner variously armed with

                   rifle, gun, Axe, Bhala etc have stopped them and have fired

                   which hit in the abdomen of Diwakar Yadav and he fell down on

                   the ground. It is further alleged that when informant rushed to

                   save his brother then all the accused persons brutally assaulted

                   the informant as well as his brother.
          Patna High Court CR. MISC. No.757 of 2026(6) dt.18-06-2026
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                                    4. It has been submitted by the learned counsel for

                    the petitioner that the petitioner is innocent and he has falsely

                    been implicated in this case. He further submits that the

                    petitioner is in custody since 02.08.2025. He also submits that

                    the petitioner has no criminal antecedent.

                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                     6. Let the petitioner, above named, 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

                    the concerned Court below in connection with Jamui P.S. Case

                    No. 684 of 2023.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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