Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Kundan Kumar, sought bail in a case (Harnaut P.S. Case No. 388 of 2025) registered under Section 309(6) of the B.N.S. The prosecution alleged that two persons on a bike snatched a mobile phone and a bike. The petitioner contended he was falsely implicated, that the FIR was lodged against unknown miscreants, and that no material evidence linked him except a confessional statement; he also had no prior criminal record and had been in judicial custody since 1 September 2025. The State opposed the bail application. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail under Section 309(6) of the B.N.S. given the facts of the case
Legislation cited
- B.N.S. — s. 309(6)
Subjects
- bail
- Section 309(6)
- B.N.S.
- false implication
- confessional statement
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84101 of 2025
Arising Out of PS. Case No.-388 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Kundan Kumar, Son of Doman Bind @ Doman Jamadar, Resident of Village-
Niyamatpur, P.S.- Harnaut, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Harnaut P.S. Case No. 388 of 2025 registered for the
offence punishable under Section 309(6) of B.N.S.
3. The case of the prosecution, in short, is that two
persons on a bike have snatched the mobile of the informant and
bike.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. The F.I.R. was lodged against unknown miscreants and
from perusal of the seizure list it is clear that the stolen bike was
recovered from the bushes. Nothing has been recovered from his
Patna High Court CR. MISC. No.84101 of 2025(3) dt.31-01-2026
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possession. His name has surfaced during his confessional
statement. Save and except his confessional statement, nothing
is there against him. He is having no criminal antecedent and he
is languishing in judicial custody since 01.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-I, Biharsharif at Nalanda in
connection with Harnaut P.S. Case No. 388 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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