Patna High Court
Kamlesh Kumar @ Kamlesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307
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
2/2
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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