Patna High Court
Kunal Kumar @ CheluversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Kunal Kumar was arrested for an alleged armed assault and attempted robbery at Shri Ram Finance Limited, where five miscreants tried to obtain a locker key, vandalised the office and locked employees in a toilet. The prosecution charged him under several sections of the B.N.S., 2023. The petitioner contended that he was innocent, that a key recovered from his possession contradicted the FIR, that the seizure was beyond the FIR and not made in compliance with Section 105 of the BNSS, and that a confessional statement during investigation did not substantiate an attempt. He also pointed out his prolonged judicial custody since 12‑09‑2025 and the lack of supporting evidence. The State opposed bail, relying on a prior criminal antecedent. After considering the facts, the Court granted bail, directing the petitioner to furnish a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious offences alleged.
- Whether the seizure of the key complied with the mandatory requirements of Section 105 of the B.N.S., 2023.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail.
Legislation cited
- B.N.S., 2023 — s. 105, 115(2), 310(2), 310(4), 317(2), 324(4), 352, 61(2)
Subjects
- bail
- armed robbery
- seizure
- Section 105
- criminal antecedent
- judicial custody
- confessional statement
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89497 of 2025
Arising Out of PS. Case No.-391 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Kunal Kumar @ Chelu Son of Raj Kumar R/o - Danapur Daldali Road, P.S. -
Danapur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 Heard Mr. Ghanshyam Tiwary, learned counsel for
the petitioner and Mr. Sanjay Kumar Singh, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Deep Nagar P.S. Case No. 391 of 2025 registered for the
offence punishable under Sections 115(2), 310(4), 324(4), 352,
310(2), 317(2), 61(2) of the B.N.S., 2023.
3. The case of the prosecution in short is that five
armed miscreants entered in Shri Ram Finance Limited
Company. They started assaulting the employees of the
company and demanded the key of the locker. They said that the
key is with the branch manager. They searched for the key in the
room of the branch manager, but they did not get the same. After
that, they vandalized the office and broke the system and also
Patna High Court CR. MISC. No.89497 of 2025(2) dt.15-01-2026
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broke the CCTV camera. All the employees were locked in the
toilet.
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. Learned counsel for the petitioner submits that from
perusal of the seizure list, it will transpire that from the
possession of this petitioner, a key was recovered. He also
submits that this seizure is beyond the FIR. As per the FIR, the
miscreants could not get the key, whereas from the seizure list, it
is clear that the key has been recovered from the possession of
this petitioner. It has also been submitted that while making the
seizure, police have not followed Section 105 of the BNSS,
which is mandatory in nature. He further submits that there is
also the confessional statement of the petitioner during the
course of the investigation and that the allegation is only that of
an attempt, which is not supported by the seizure as well. He
further submits that the petitioner is languishing in judicial
custody since 12.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
Patna High Court CR. MISC. No.89497 of 2025(2) dt.15-01-2026
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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 Chief
Judicial Magistrate, Nalanda at Bihar Sharif in connection with
Deep Nagar P.S. Case No. 391 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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