Patna High Court
Kundan Kumar Singh @ Kundan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to monetary bond, sureties, and conditions of appearance and non‑tampering with evidence.
Summary
The petitioner, Kundan Kumar Singh, was arrested in connection with a robbery and assault case (PS Case No. 275 of 2025) involving theft of cash and gold ornaments and violent attacks on the informant's family. The prosecution alleged that the accused entered the informant's house at gunpoint, looted valuables, and assaulted family members, including a knife attack on the informant's son. The petitioner contended that he was falsely implicated, that the allegations were omnibus and no specific overt act was attributed to him, and that the assault charge pertained to a co‑accused. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedents. The Court, after considering the custody period and the petitioner's claim of lack of specific involvement, granted bail subject to a cash bond, sureties, and conditions regarding appearance and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner's claim of false implication and lack of specific overt act warrants bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 305, 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- robbery
- assault
- false implication
- Bharatiya Nyaya Sanhita
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.949 of 2026
Arising Out of PS. Case No.-275 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Kundan Kumar Singh @ Kundan Singh S/o- Late Dhirendra Singh Resident
of Bhawalpur P.S- Marhowarah, Dist- Saran,Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhiraj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Marhowrah P.S. Case No. 275 of 2025 instituted for the offences
under Sections 126(2), 115(2), 109, 305, 352, 351(2), 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 29.04.2025 at
about 8:00 P.M., the accused persons came on motorcycles,
threatened the informant at gunpoint, trespassed into his house,
ransacked it and looted a briefcase containing ₹1,00,000/- and
gold ornaments. While fleeing, they assaulted the informant’s
son with a knife causing serious injuries with intent to kill, beat
the informant’s brother, snatched a gold chain, and escaped.
Patna High Court CR. MISC. No.949 of 2026(3) dt.02-02-2026
2/3
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. Learned
counsel further submitted that the specific allegation of assault
is against co-accused Sumit Kumar Singh. It has been submitted
on behalf of the petitioner that the petitioner is in custody since
12.09.2025 and has three criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Marhowrah P.S.
Case No. 275 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.949 of 2026(3) dt.02-02-2026
3/3
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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