Patna High Court
Bhola Kumar @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail and is released upon furnishing a bail bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Bhola Kumar, sought bail in a case registered under Sections 311 and 310(3) of the BNS and Section 27 of the Arms Act, alleging that the FIR named him only through confessional statements of co‑accused Mantu Yadav and Suraj Kumar. The prosecution argued that the petitioner was involved in a dacoity that resulted in the death of the informant’s brother and highlighted his prior criminal antecedents. The petitioner contended that apart from the confessional statements there was no other evidence against him and that a similar accused, Mantu Yadav, had previously been granted bail. The court examined the sufficiency of the confessional statements, the principle of bail in non‑bailable offences, and the petitioner’s custodial duration. Concluding that the evidence was insufficient to justify continued detention, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- What is the adequacy of confessional statements as the sole basis for denying bail?
- Whether the petitioner, charged under Sections 311, 310(3) of the BNS and Section 27 of the Arms Act, is entitled to bail despite prior criminal antecedents.
Legislation cited
Subjects
- bail
- confessional statement
- criminal antecedent
- dacoity
- Arms Act
- Sections 311
- Section 310(3)
- Section 27
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86747 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Bhola Kumar @ Mukesh Kumar S/o- Rajeshwar Prasad @ Munshi Jee
Village- Gawal Bigha, Police Station- Hilsa, District-Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chandi P.S. Case No. 47 of 2025 registered for the offence
punishable under Sections 311 & 310(3) of the BNS and under
Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that some
miscreants entered in the house of the informant for the purpose
of committing dacoity. It is alleged that some of the miscreants
fired due to which Amit Kumar, brother of the informant got
injured and further died.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.86747 of 2025(3) dt.09-02-2026
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petitioner has submitted that FIR was lodged against unknown
miscreants. During course of investigation, one Mantu Yadav
has given his confessional statement and he has named this
petitioner in his confessional statement. Subsequently, one Suraj
Kumar has also given his confessional statement and he has also
named this petitioner. Learned counsel for the petitioner has
further submitted that save and except the confessional
statement there is nothing against the petitioner. It has further
been submitted that Mantu who has named this petitioner has
been granted bail by this Court in Cr. Misc. No. 59242 of 2025.
The case of this petitioner stands on similar footing. Learned
counsel for the petitioner has lastly submitted that the petitioner
is languishing in judicial custody since 18.07.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
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
Patna High Court CR. MISC. No.86747 of 2025(3) dt.09-02-2026
3/3
Additional Chief Judicial Magistrate-1, Hilsa (Nalanda) in
connection with Chandi P.S. Case No. 47 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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