Created by Fuzzy Cloud

Patna High Court

Bhola Kumar @ Mukesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.